Defending Education Sends Letter to Trump Administration Urging the Rescission of Biden Administration Title IX Rule

On June 10, 2026, Defending Education submitted a letter to Secretary of Education Linda McMahon, Acting Attorney General Todd Blanche, and Deputy Attorney General Eric Hamilton. In the letter, DE encouraged the Departments of Justice and Education to formally rescind the Biden Administration’s misguided Title IX rule, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” 

The Biden rule not only radically altered the regulatory framework of Title IX and did violence to the law’s plain text, but it was the subject of litigation in courts across the country, including a successful challenge led by Defending Education. 

Those decisions were correct. The rule departed from the plain text of Title IX, redefining the term “sex,” which “unambiguously refer[s] to biological sex,” to cover so-called “gender identity.” It also expanded the definition of “harassment” in a manner that “flies in the face” of the Supreme Court’s limiting construction of that term in a 1999 case. And the rule is unconstitutional, as it would compel students and faculty to use preferred pronouns, no matter what their beliefs.

DE looks forward to the long saga of Title IX finally being brought to a close.