The Evolution of Title IX
Controversy and division still surround the Title IX Amendment.
By Madison Fossa
Title IX has been through years of controversy, lawsuits, and presidential revisions changing how the law must be applied in the classroom and on the sports fields. The most significant changes to the amendment were made over the last decade by the Obama, Trump, and Biden Administrations.
How do these modifications affect Americans, and why is Title IX such a controversial issue?
Title IX was signed into law on June 23, 1972, by President Richard M. Nixon as a part of the Educational Amendments to the Civil Rights Act. Title IX states, “no person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Since 1972, the amendment has endured almost 50-year journey of change and controversy.
Title IX’s History
To fully comprehend the debate around Title IX today, it is vital to understand its original intent. At the time of its enactment, women were severely underrepresented in education and sports. This was commonly attributed to the alleged disinterest in sports or higher education by women. However, skepticism arose when the number of women in higher education skyrocketed after the amendment was passed.
Women’s advocacy groups began to assert that not enough women were given the opportunity to participate in sports at the varsity or professional level, causing low numbers in female athletics. The feminist movement in the 1960’s and 70’s, highlighted a similar effect in sports as in the classroom. When presented with the opportunity to compete in higher-level sports, women accepted enthusiastically.
Had the evolution of Title IX stopped at aiding women’s sports and education, the controversy around this previously little-known law likely would never have begun. However, that shifted when the Obama Administration made immense changes to Title IX, most notably through a Dear Colleague Letter (DCL) in 2016. The DCL set in motion of a series of revisions over the next three presidential administrations.
The Obama Administration
The DCL was and continues to be advertised by many mainstream media outlets as merely granting “transgender [students] rights to school bathrooms.” However, this letter was not just a directive on restroom privileges for students. It was a redefinition of the terms and conditions of Title IX.
The Obama Administration effectively replaced “biological sex,” the basis on which Title IX was able to build opportunities for women, with an individual’s “preferred gender identity.” Redefining “sex” opened women’s sports to men and fueled the nation’s battle over women’s protection under federal law.
The Trump Administration
During the Trump Administration, Title IX once again took the spotlight. The Department of Justice (DOJ) and the Department of Education (DOE) claimed that Obama’s DCL didn’t “contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.”
In other words, the DCL was not binding law or an official revision. It was just an informal guideline that was taken very seriously by many states. The DCL issued by Obama was not official legislation but merely “guidance.” As a result, the Trump administration was able to revoke it without changing Title IX.
The Biden Administration
The most recent changes to Title IX were made under the Biden Administration. On April 19, 2024, the Biden Administration officially replaced the word “sex” with “gender identity.” This modification went into effect on August 1, 2024, sending the country yet again into national debate on transgenderism and women’s spaces. Even though some states have blocked the rewrite from taking effect, many Americans are devastated that Title IX’s original purpose of protecting women and allowing them room to flourish is being revoked. Through changing “sex” in Title IX, the door has been opened for men to invade protected arenas of women’s sports.
An Answer for America
Title IX has a complex past and its meaning has been amended by the last three presidential administrations. The constant debate has created a tense and confused environment in America surrounding this issue.
Title IX was created to give women the opportunity to excel in academia and sports. To redefine the very core of this law by erasing the concept of “biological sex” challenges its original intent. Allowing men into women’s sports both undermines their performance and is a danger to the female athletes. This clearly goes directly against the heart of Title IX: to give all people, despite their sex or race, an opportunity to succeed in the classroom and on the sports field.
American women need defense against the dangerous rewrites of Title IX that revoke their ability to safely compete against one another.
About the Author
Madison Fossa is a freshman at Grove City College, from New Jersey. She is a Trustee Scholar majoring in Biology and minoring in Technical Writing. On campus, Madison is a member of GCC Singers and is the Vice President of Young Women for America.
Disclaimer: The views and opinions expressed are those of the writer alone and do not necessarily reflect the official policy or position of Grove City College, the Institute for Faith and Freedom, or its affiliates.