The Biden administration has officially abandoned its proposed revision of Title IX that would have expanded protections for transgender individuals, effectively allowing biological males to participate in women’s sports and access women’s facilities. The Education Department published its withdrawal in a December update, citing overwhelming public opposition, numerous lawsuits, and the nearing end of the Biden presidency as key factors.
Initially proposed in April 2023, the rule change faced swift and aggressive resistance. Over 150,000 public comments were submitted, reflecting widespread concern over the impact on fairness in women’s sports. Legal challenges also mounted, with groups like Alliance Defending Freedom (ADF) leading the fight to preserve Title IX’s original intent of ensuring equal opportunities for women and girls.
ADF Senior Counsel Jonathan Scruggs called the withdrawal a victory for women. He emphasized that the decision reflects the views of most Americans, who believe women’s sports should remain exclusive to female athletes. Scruggs also highlighted the role of public opposition and ongoing litigation in forcing the administration to step back.
The proposed changes would have extended access to bathrooms, locker rooms, and other facilities based on gender identity, sparking fierce debates over fairness and safety. Critics argued that the plan undermined the foundational purpose of Title IX, which was enacted in 1972 to protect women’s rights in education and athletics.
In withdrawing the proposal, the Biden administration may have sought to avoid further political fallout, especially in the wake of former President Donald Trump’s re-election. Trump’s team framed the move as an attempt to complicate the incoming administration’s efforts to reverse the damage caused by Biden’s policies. Trump spokesperson Karoline Leavitt stated that the former president would work to reinstate protections for women’s sports as part of his “America First” agenda.
Commentators noted the timing of the withdrawal. Ian Miller of Outkick suggested that the administration strategically released the announcement late on a Friday before Christmas to minimize scrutiny. Miller argued the move reveals an awareness that the rule would likely fail in both the courts and public opinion. He described the administration’s approach as a “direct repudiation” of Title IX’s original mission, highlighting the cultural shift against enshrining protections for gender identity at the expense of women’s rights.