On April 19, the Biden Administration issued new regulations on implementing Title IX, the 1972 law barring discrimination on the basis of sex. Under the new rules, discrimination based on sex will be broadened to include sexual orientation, gender identity, sex stereotypes, sex characteristics, and pregnancy.
The new rule, which is 1,500 pages long, does not include highly anticipated new regulations on athletic participation and gender identity. That policy will be announced separately at a later date. Nonetheless, the April 19 rule has unleashed a storm of controversy. This phenomenon occurs every four or eight years when a presidential administration overturns the rules governing Title IX promulgated by the previous president.
The new rule takes effect August 1, 2024. It’s important to note that Title IX doesn’t apply to schools that don’t receive federal financial assistance. Currently, that means most private schools.
