DOE Expected to Finalize Title IX Rule Changes That Prevent Discrimination against Sexual Orientation, Gender Identity

President Joe Biden’s Department of Education is expected to finalize changes to Title IX rules in the coming weeks to expand the definition of discrimination beyond sex to also include sexual orientation and gender identity.
The rule changes will have seismic implications, setting off not just state versus federal showdowns over state laws barring biological males from competing in women’s sports, but also how college campuses handle sexual harassment charges and due process.
While these changes have been anticipated since Biden took office, last week the Washington Post reported the first look at a draft copy of the proposed language, which includes this key sentence: Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.