Biden administration finalizes controversial Title IX rule to ‘redefine’ sex

The Biden administration finalized its much-anticipated Title IX rules Friday morning, overturning much of the Trump-era rules and expanding the definition of sex to include claimed transgender identities.

The new rules only pertain to the sexual harassment and discrimination portions of Title IX, while an open rulemaking process is set to address issues with transgender participation in sports. The sports rules are not likely to be finalized until after the 2024 election.

Much of the redefinition of sex is fueled by the Supreme Court’s decision in Bostock v. Clayton County, where Justice Neil Gorsuch applied an expansive claimed gender identity framework to the definition of sex as it relates to employment discrimination under Title VII.

While Gorsuch wrote that Bostock would only narrowly apply to Title VII, President Joe Biden issued a day-one executive order requiring the entire federal
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