Title IX

The 1964 Act was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation.

In 2011, President Barack Obama issued guidance reminding schools of their obligation to redress sexual assaults as civil rights matters under Title IX.

At the time, Bayh was working on numerous constitutional issues related to women's employment and sex discrimination—including, but not limited to, the revised draft of the Equal Rights Amendment.

[30] The Civil Rights Restoration Act of 1988 is tied to Title IX which was passed in response to the U.S. Supreme Court's 1984 ruling Grove City College v.

[32] This case was initially reached by the Supreme Court when Grove City College disagreed with the Department of Education's assertion that it was required to comply with Title IX.

The Civil Rights Restoration Act passed in 1988, which extended Title IX coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect.

[34] On November 24, 2006, Title IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level; this was largely to introduce federal abstinence-only programs, which may have been a partial basis for the support of President Bush.

"[36] On March 8, 2021, President Joe Biden issued Executive Order 14021 entitled "Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity", reversing changes made by the first Trump administration to limit the scope of Title IX to sex only, excluding gender identity and sexual orientation.

The American Sports Council sued the Department of Education in 2011 seeking a declaratory judgment that its policy interpreting Title IX's requirement for equity in participation opportunities is limited to colleges and universities.

[47] The NCAA later tried to claim that Congress had not intended to include athletics under Title IX's coverage, but the record lacks any sustained discussion of the matter.

[54] There have been concerns and claims that the current interpretation of Title IX by the Office for Civil Rights (OCR) has resulted in the dismantling of men's programs, despite strong participation in those sports.

The study moreover suggests that it is in athletic directors' interest to not admit that the additional funding was for football and basketball, but to rather blame Title IX for the cuts.

Using a gender quota to enforce Title IX in high school sports would put those young athletes at risk of losing their opportunity to play.

This case, Alexander v. Yale, was the first to use Title IX to argue and establish that the sexual harassment of female students can be considered illegal sex discrimination.

[69][70][71] Advocates such as the American Civil Liberties Union (ACLU) likewise maintain that "when students suffer sexual assault and harassment, they are deprived of equal and free access to an education.

"[75]When the Amherst case reached national attention, Annie E. Clark and Andrea Pino, two women who were allegedly sexually assaulted at the University of North Carolina at Chapel Hill connected with Epifano, Brodsky, and Yale Law School student Dana Bolger to address the parallel concerns of hostility at their institution, filing Title IX and Clery Act complaints against the university in January 2013, both leading to investigations by the U.S. Department of Education.

[84][85] On September 22, 2017, US Department of Education Secretary Betsy Devos rescinded the Obama-era guidelines which had prodded colleges and universities to more aggressively investigate campus sexual assaults.

[94] Dwayne Bensing, a lawyer for the Office of Civil Rights within the United States Department of Education and who was in its LGBTQ affinity group, had unsuccessfully asked DeVos not to withdraw the Obama administration guidance.

[95] In October 2018, The New York Times obtained a memo issued by the Department of Health and Human Services that would propose a strict definition of gender for Title IX, using the person's sex as determined at birth and could not be changed, effectively limiting recognition of transgender students and potentially others.

[98] In August 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a 2018 lower court ruling in Adams v. The School Board of St. Johns County, Florida that discrimination on the basis of gender identity is discrimination "on the basis of sex" and is prohibited under Title IX (federal civil rights law) and the Equal Protection Clause of the 14th Amendment to the US Constitution.

These included two executive orders—13988 in January 2021[102] and 14021 in March 2021[103]—which were supported by the US Department of Education,[104] though their ability to implement their guidance was limited in June 2022 within the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, South Carolina, South Dakota, and West Virginia.

[105] On January 9, 2025, U.S. District court judge Danny C. Reeves of Kentucky struck down the Biden administration’s expanded protections, striking down the change nationwide.

[112] On April 20, 2010, the U.S. Department of Education's Office for Civil Rights abandoned the 2005 clarification that allowed institutions to use only Internet or e‑mail surveys to meet the interests and abilities (third prong) option of the three-part test for Title IX compliance.

In February 2010, the United States Commission on Civil Rights weighed in on the OCR's three-prong test, offering several recommendations on Title IX policy to address what it termed "unnecessary reduction of men's athletic opportunities".

[114] On the twenty-fifth anniversary of Title IX the National Women's Law Center lodged twenty-five complaints with the U.S. Department of Education's Office for Civil Rights.

[115] After Title IX was implemented, there was controversy about the amount of athletic integration, especially among female education leaders who worried about girls being injured or bullied by rough boys in coeducational activities.

[117] On June 21, 2012, espnW projected a digital mosaic featuring the largest-ever collection of women and girls' sports images (all of which were submitted by the athletes themselves) onto the First Amendment tablet of the Newseum in Washington, D.C.

[119] Good Morning America anchor Robin Roberts and Tribeca Productions co founder Jane Rosenthal are executive producers of the series.

Laura Kipnis, author of How to Become a Scandal: Adventures in Bad Behavior (New York: Metropolitan Books, 2010), and others have argued that Title IX regulations have empowered investigators who routinely endanger academic freedom and fair process, presume the guilt of suspects, assign the man full responsibility for the outcome of any social interaction, and minutely regulate personal relationships.

[124][125] Writing in The Atlantic, Emily Yoffe has criticized the Title IX process for being unfair to the accused,[126] based on faulty science,[127] and racially biased against students of color.

Rep. Edith Green of Oregon laid the foundation for Title IX.
Senator Birch Bayh of Indiana
Senator Ted Stevens of Alaska, the "Father of Title IX"
Senator Bayh exercises with Title IX athletes at Purdue University in the 1970s.
Representative Patsy Mink of Hawaii, Title IX co-author, for whom the law was renamed in 2002