Title IX Clarification Act of 2026
- Sponsor
- Rep. Arrington, Jodey C. [R-TX-19]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Sep 8, 2026
Bottom line
This bill redefines "sex" under Title IX to mean biological sex, potentially impacting policies related to gender identity in educational settings receiving federal funding.
What it actually does
This bill amends Title IX of the Education Amendments of 1972 to explicitly define the term "sex" as an individual's "biologically determined sex, as either male or female." It further provides specific biological definitions for "female" and "male" based on reproductive systems and gamete production, including considerations for congenital anomalies or other disruptions. This clarification aims to ensure that federal nondiscrimination requirements under Title IX are interpreted solely on biological sex.
Proponents argue
Supporters argue this clarification restores the original intent of Title IX, ensuring that protections and opportunities, particularly in areas like women's sports and single-sex spaces, are reserved for individuals based on their biological sex. They contend it provides legal certainty and prevents the erosion of sex-based distinctions, which they believe are crucial for fairness and safety.
Opponents contend
Opponents contend that this bill is discriminatory and would exclude transgender and intersex individuals from Title IX's protections, potentially leading to increased harassment and discrimination in educational programs and activities. They argue it disregards contemporary understandings of gender identity and could force institutions to adopt policies that are harmful and non-inclusive, jeopardizing federal funding.
The bill is very short and can be read quickly, but its implications are far-reaching and require significant consideration.
Section 2, amending Section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c))
Redefinition of "Sex" under Title IX
This provision amends Title IX to explicitly state that the term "sex" refers to an individual's "biologically determined sex, as either male or female." It then provides detailed biological definitions for "female" and "male" based on the reproductive system's capacity to produce large (ova) or small (sperm) gametes, accounting for congenital anomalies or other disruptions. This aims to ensure that Title IX's nondiscrimination requirements are applied strictly based on these biological definitions.
Supporters argue
Supporters argue this provision is essential to uphold the original intent of Title IX, which they believe was to provide equal opportunities for biological females. They contend it protects fairness in women's sports by ensuring competition among biological females and maintains the integrity of single-sex spaces like restrooms and locker rooms, citing privacy and safety concerns.
Critics contend
Opponents argue this provision is discriminatory and harmful, effectively codifying discrimination against transgender and intersex individuals by denying them protections under Title IX. They contend it would create hostile environments in schools and universities, invalidate gender identities, and could lead to legal challenges regarding its constitutionality and adherence to broader civil rights principles.
Tradeoffs
The provision navigates the tension between protecting sex-based distinctions, particularly for cisgender women, and ensuring inclusive nondiscrimination protections for transgender and intersex individuals. It also highlights the conflict between differing interpretations of "sex" in law and society, particularly regarding biological definitions versus gender identity.