Title IX Clarification Act of 2026
- Sponsor
- Sen. Blackburn, Marsha [R-TN]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Jul 30, 2026
Bottom line
This bill seeks to codify a biological definition of sex for Title IX purposes, potentially impacting policies related to gender identity in federally funded education programs and activities.
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 provides specific biological definitions for 'female' and 'male' based on their respective reproductive systems, accounting for congenital anomalies or disruptions. The amendments apply to education programs and activities receiving federal financial assistance.
Proponents argue
Supporters argue this clarification restores the original intent of Title IX, ensuring that protections and opportunities for women and girls are based on biological sex, particularly in areas like sports and single-sex spaces. They contend it provides legal certainty, prevents the erosion of sex-based distinctions, and ensures fair competition for biological females.
Opponents contend
Opponents argue this bill is discriminatory and would exclude transgender individuals from protections under Title IX, potentially leading to increased discrimination, harassment, and harm for transgender students in federally funded educational environments. They assert that such a definition is outdated and does not reflect modern understandings of gender identity, undermining efforts to create inclusive schools.
The bill is very short and easy to read, allowing ample time for careful consideration of its implications.
Section 2, amending Section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c))
Redefinition of 'Sex' for Title IX
This provision 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 specifies that 'female' refers to individuals who naturally have or would have the reproductive system producing large gametes (ova), and 'male' refers to individuals who naturally have or would have the reproductive system producing small gametes (sperm), accounting for congenital anomalies or disruptions. This definition would govern federal nondiscrimination requirements in education.
Supporters argue
Supporters argue this definition ensures fair competition in women's sports and protects single-sex spaces for biological females, aligning Title IX with its original purpose of addressing discrimination based on biological sex. They believe it provides clarity and prevents policies that might disadvantage biological women.
Critics contend
Opponents contend that this definition is discriminatory, legally targets transgender individuals, and would undermine efforts to create inclusive educational environments. They argue it would strip protections from transgender students and could lead to increased harassment and marginalization.
Tradeoffs
The bill navigates the tension between protecting sex-based distinctions, particularly for biological females in sports and single-sex spaces, and ensuring nondiscrimination and inclusion for transgender individuals in educational settings. It forces a choice between differing interpretations of 'sex' under federal law.