Trump Administration Rolls Back Biden-Era Title IX Protections for LGBTQ Students

• by Shimanta Das
• October 1, 2026

The US Department of Education has formally rescinded Biden-era Title IX regulations that explicitly treated discrimination based on sexual orientation and gender identity as sex discrimination. The move restores the Trump first-term rules, which do not include such protections. Education Secretary Linda McMahon said the action was intended to align published regulations with court decisions and reduce uncertainty for schools and families. “Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent, reducing confusion for parents, students, and educational institutions,” she said, according to The Washington Blade. The department noted that federal courts dismissed all remaining litigation over the Biden rule last month.

The rollback has drawn sharp criticism from advocacy groups. The National Women’s Law Center warned that the department’s move “significantly weakens protections against sexual harassment in education.” The group also said the new rulemaking “is especially consequential” for Democratic-led states that had claimed legal cover for their gender-inclusive policies because the Biden regulation remained active in the Federal Register, even though federal courts enjoined or vacated the rule no fewer than 11 times. This legal limbo, they argue, left schools and students in a state of uncertainty that the Trump administration is now resolving—but in a way that rolls back protections.

Meanwhile, the administration has separately maintained that Title IX should be enforced on the basis of biological sex and has pursued disputes with schools and states over transgender participation in women’s sports. The department has used Title IX as a key enforcement tool on this front, reaching agreements with institutions such as the University of Pennsylvania to bar transgender athletes from women’s programs. This enforcement approach aligns with the administration’s broader stance that sex-based protections under Title IX do not extend to gender identity.

The rescission marks a significant shift in federal education policy, reversing an expansion that had been celebrated by LGBTQ advocates and criticized by conservatives. As the new rules take effect, schools and states must navigate a patchwork of legal interpretations and enforcement priorities. The move is likely to intensify ongoing debates over the scope of Title IX and the rights of LGBTQ students across the country.