Trump strips Biden-era LGBTQ+ language from Title IX rules. Advocates warn of far-reaching damage

The Trump administration on Monday formally removed federal regulations that explicitly protected LGBTQ+ students from sex discrimination, closing the books on a Biden-era rule that had already been struck down in court.

The Education Department’s action restores the Title IX regulations published during President Donald Trump’s first term. For schools, the immediate practical change may be limited. A federal judge vacated the Biden administration’s 2024 rule nationwide in January 2025, and the department has enforced the 2020 regulations since shortly afterward. Monday’s decision makes that position official in the regulatory text.

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But the formal removal matters to students who saw the 2024 rule as a clear federal promise. It said Title IX’s ban on sex discrimination covered discrimination based on sexual orientation and gender identity. It also strengthened protections for students facing sex-based harassment and for pregnant and parenting students.

“This has weakened protections for all students, especially trans students, women and girls, and those who experience sexual harassment or sexual assault,” said Cathy Renna, communications director at the National LGBTQ Task Force.

Title IX applies to schools and colleges that receive federal funding. Education Secretary Linda McMahon said the administration’s action would make the published rules consistent with court orders and reduce confusion for families and schools. The change is expected to take effect Tuesday, the Washington Post reports.

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The regulations returning to the books also shape what happens when a student reports sexual misconduct. Issued in 2020 under then-Education Secretary Betsy DeVos, they set a narrower standard for sexual harassment that schools must address under Title IX and give students accused of misconduct additional procedural protections. Those include live hearings in certain college cases. Survivors' advocates have argued that the framework can make it harder to pursue complaints.

The announcement also lands amid the administration’s campaign against transgender students’ participation in girls’ and women’s sports. McMahon has cast the department’s Title IX enforcement as a defense of athletic opportunities for women and girls. The Biden administration’s 2024 rule did not establish a sports eligibility policy, and Monday’s action does not either. The administration has pursued that issue through separate executive action and school investigations.

Students still have rights under Title IX itself, a law Congress enacted in 1972, and schools can maintain policies that support LGBTQ+ students and survivors.