Restore the previous Title IX rule and define sex as biological
What the document says“On its first day in office, the next Administration should signal its intent to enter the rulemaking process to restore the Trump”
The full passage asks the next Administration to signal on day one its intent to restore the Trump Administration's Title IX regulation, with the additional insistence that sex is properly understood as a fixed biological fact, and to post notice-and-comment immediately. The chapter also asks for a full review of Title IX investigations conducted on the understanding that sex referred to gender identity or sexual orientation, for all such ongoing investigations to be dropped, and for affected districts to be told they may drop policy changes made under pressure.
What the document actually says“On its first day in office, the next Administration should signal its intent to enter the rulemaking process to restore the Trump”
On day one, say that the old rule will be brought back.
Title IX is a law about sex discrimination at school. Rules under it were changed. The book wants the earlier rules back. It says sex should mean the sex a person was born as.
Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
2025-01-20 · 90 FR 8615
Executive Order 14168 supplies the definitional half of what the chapter asks. It defines sex as an individual's immutable biological classification as either male or female, states that the definition shall govern all executive interpretation and application of federal law, directs the Attorney General to issue guidance correcting the application of Bostock v. Clayton County to sex based distinctions in agency activities, naming Title IX as the example, and rescinds the Education Department's Title IX guidance documents, including the 2024 implementation pointers and the 2021 enforcement guidance on sexual orientation and gender identity. It changes no regulation. The Title IX rule itself is untouched, no rulemaking is begun, and the order says nothing about reviewing or dropping investigations conducted on the earlier understanding.
The order fixes the meaning of sex as male or female for all federal law. It tells the Attorney General to guide agencies on a court ruling, naming school sex bias law. It also pulls school guidance papers from 2021 and 2024. But no rule is changed and none is begun. Open cases are not addressed.
Keeping Men Out of Women's Sports
2025-02-05 · 90 FR 9279
Section 3(a)(i) of Executive Order 14201 directs the Secretary of Education, in coordination with the Attorney General, to continue to comply with the vacatur of the rule Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance of April 29, 2024, and to take other appropriate action to ensure that regulation does not have effect, and section 3(a)(ii) directs that regulations and policy guidance be brought into line with the statutory demand for equal athletic opportunity for members of both sexes. The rule the chapter would displace is therefore treated as having no effect. The route is not the one asked for. Nothing here opens a notice and comment rulemaking to restore the 2020 regulation, the action rests on a court's vacatur rather than on the department's own rulemaking, the order's subject is athletics rather than the whole regulation, and instead of dropping investigations opened on a gender identity reading of Title IX it directs new enforcement actions.
The order treats the 2024 school rule as dead, and points at sports. The chapter asked the agency to write a new rule the slow public way. That is not done here. The order leans on a court ruling instead, and it calls for more cases, not fewer.
12 agency rules
- Terminology Relating to Sex; Technical AmendmentsHomeland Security Department, Office of the Secretary, Transportation Security Administration · May 21, 2025
- Patient Protection and Affordable Care Act; Marketplace Integrity and AffordabilityHealth and Human Services Department · June 25, 2025
- Wake Island CodeDefense Department · July 24, 2025
- Litigation; AmendmentDefense Department, Army Department · August 8, 2025
- Medicare and Medicaid Programs; CY 2026 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; and Medicare Prescription Drug Inflation Rebate ProgramHealth and Human Services Department, Centers for Medicare & Medicaid Services · November 5, 2025
- Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals; AmendmentDefense Department, Office of the Secretary · December 1, 2025
- Recruitment and Relocation Incentive WaiversPersonnel Management Office · December 15, 2025
- Combating Gender Ideology in Foreign AssistanceState Department · January 27, 2026
- Combating Discriminatory Equity Ideology in Foreign Assistance RulesState Department · January 27, 2026
- Protecting Life in Foreign AssistanceState Department · January 27, 2026
- Visas: Enhancing Vetting and Combatting Fraud in the Diversity Immigrant Visa ProgramState Department · March 11, 2026
- Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health ProgramHealth and Human Services Department, Centers for Medicare & Medicaid Services, Office of the Secretary · May 20, 2026
Each of these names the order above in its own summary, preamble or filing. That is a fact about the document, not a finding that it carries out this proposal: it is one step further away than the order is, and what it does about the proposal is a reading nobody has made here.