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America First Policy Institute

Restoring Fairness and Dignity to Women’s Sports by Enforcing Title IX

June 26, 2025

Title IX Guarantees Equal Athletic Opportunity for Females

Allowing male athletes to compete in female sports undermines this core purpose by displacing women and girls from podiums, scholarships, and additional opportunities. 

Source: Supreme Court Upholds Title IX Protections for Women | Issues

Nationwide Injunction Halts Enforcement of April 2024 Title IX Regulations

In April 2024, the Biden administration issued regulations reinterpreting “sex,” in the context of Title IX, to include individuals’ self-professed “gender identities.” Multiple federal courts subsequently blocked enforcement of this rule, including through a nationwide injunction issued earlier this year.

Source: Biden-Harris admin’s Title IX changes pervert girls’ sports | Issues

President Trump’s Executive Order Remains Policy

President Trump’s Executive Order on “Keeping Men Out of Women’s Sports” corrects the 2024 regulations’ egregious misinterpretation of Title IX by clarifying that federal law protects female-only athletic opportunities and intimate facilities.

The order affirms that biological sex—not subjective gender identity assertions—determines access to female sports and remains a legal and moral benchmark for lawmakers and educators. 

Source: President Trump Restores Title IX Protections For Women And Girls | Issues

Title IX Was Never Intended to Intrude Upon Women and Girls’ Privacy Rights

By requiring schools to allow men to intrude on female opportunities, the 2024 regulations effectively denied female students the right to sex-specific intimate facilities, such as restrooms and locker rooms. This callous disregard for the dignity and privacy rights of women and girls subjected female students to unwanted male nudity and forced them to undress in the presence of males.

Source: This Isn’t Inclusion; It’s Institutional Harassment Against Female Athletes | Issues

The Latest DOE Guidance is Instructive

The U.S. Department of Education has issued “Dear Colleague” letters and additional guidance supporting the recent nationwide injunction and President Trump’s executive order. Additionally, Linda McMahon is leading the Dept of Education to investigate several state agencies based on civil rights complaints alleging Title IX violations of this sort.  

Source: AFPI submits public comment detailing serious flaws in the Education Department’s proposed Title IX athletics regulation. | Issues

It Is Legal and Just to Exclude Males from Female Sports

There is no federal law—including Title IX—that requires schools to allow males, regardless of so-called “gender identity,” to compete in athletic events designated for females. In fact, it is both lawful and appropriate under Title IX to limit participation in girls’ sports based on biological sex in order to preserve fair and safe competition. In a recent response letter from Assistant Attorney General Harmeet Dhillon to AFPI, the Department of Justice explicitly confirmed that “[w]hen males are allowed to compete with girls in female-only sports or events, the protections afforded to female athletes by Title IX are lost, and quite simply, the law is broken.” 

Source: This Isn’t Inclusion; It’s Institutional Harassment Against Female Athletes | Issues

These Policies Violate Title IX

Based on the most recent Title IX guidance from the U.S. Department of Education and the Department of Justice, policies allowing male students to compete in the athletic categories that align with their “gender identity” are contrary to federal law because such policies ultimately allow males to compete in girls’ events. These policies create a hostile environment for female athletes and directly violate Title IX’s guarantee of equal opportunity. 

Source: RESEARCH REPORT: Reverting to the “New Paradigm” on Title IX: What the Biden Administration’s ‘Gender Identity’ Regulations Mean for U.S. Universities

What Legislators Should Know

You have the legal authority and a moral obligation to act. It is not discriminatory to exclude males from female athletic events; it is what Title IX requires to ensure equal opportunity. It is about fairness, privacy and safety. Courts are standing with women and girls. The DOJ and the DOE are standing with women and girls. We urge you to stand with women and girls too—by supporting legislation and policies that protect female-only sports categories.

Source: PARENT TOOLKIT - The 9 on Title IX What you need to know about the Biden Administration's proposed changes to Title IX

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