(The Center Square) – The Trump administration’s Office of Civil Rights said in a “Dear Colleague” letter Friday that it would enforce the 2020 Title IX rules, not the Biden administration’s rule expanding the definition of sex discrimination to include gender identity.
The enforcement directive from the Department of Education says the OCR “will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the recently invalidated 2024 Title IX Rule.” The letter seems to be a formal declaration of the OCR’s enforcement.
It defines “sex” as “the objective, immutable characteristic of being born male or female as outlined in the 2020 Title IX Rule.” All other definitions are from the 2020 rule as well.
The Biden administration’s changes were struck down by a federal court that ruled earlier this month they were unconstitutional. The letter from Craig Trainor, acting assistant secretary for Civil Rights, said that the judge “expressed the proper textual and original meaning of Title IX.”
The letter also said the Biden order flew in the face of President Donald Trump’s executive order saying there are only two sexes.
“As a constitutional matter, the President’s interpretation of the law governs because he alone controls and supervises subordinate officers who exercise discretionary executive power on his behalf,” Tainor’s letter reads. “That unified control extends to ED and OCR; therefore, Title IX must be enforced consistent with President Trump’s order.”
Critics of the Biden administration’s Title IX rules said Friday that the Trump administration’s position is a win for women and girls.
“With the announcement that the Department of Education intends to uphold the 2020 Title IX rules, it is guaranteed that Biden’s Title IX re-write will no longer have sway or put women and girls in danger by letting boys in girls bathrooms or locker rooms,” said Kim Hermann, executive director of Southeastern Legal Foundation.
Southeastern Legal Foundation sued to stop the implementation of the Biden administration’s Title IX rewrite.
“We are glad to see another promise kept by President Trump in his efforts to define sex and prioritize the safety of biological women,” Hermann said in a statement. “SLF will continue to fight to protect biological reality through our lawsuit that now has the weight of the Administration behind it.”
Tyler Coward, lead counsel for government affairs for the free speech organization FIRE, praised the decision. He said that with the 2020 rules, students attending colleges and universities will “receive fair treatment and important procedural safeguards.”
“Restoring the Trump administration’s rules means that students can once again feel secure that their rights to due process and free speech will be respected while ensuring administrators have the tools they need to punish those who engage in sexual misconduct and harassment,” Coward said in a statement Friday.
• This story first published at Chalkboard News which, like The Center Square, is published by the Franklin News Foundation
This article was originally published at www.thecentersquare.com
