The Biden Administration's Title IX Re-write Has Been Vacated: Now What?

Because the fight to protect women's sports is far from over.

The recent decision by a federal court in Kentucky to vacate the Biden administration's re-write of Title IX doesn't spell the end of male athletes entering women's sports. Here’s why:

1. Males were entering women’s sports before the illegal Title IX re-write. Will/Lia Thomas competed and won in the women’s NCAA swimming finals in 2022. The re-write didn’t happen until April 2024. So, while the vacating of the re-write means that schools that receive federal funding are not required to accept males who claim to be females into their sports and spaces, they are still free to do so, if they choose. Arguably most Democratic led states will do so.

2. Twenty-four states have already embraced the Title IX re-write. Schools in those states spent significant resources to comply with the new rule. They are more likely to continue allowing males who claim to be women into women’s sports and spaces and defend those decisions than reverse course. Thus, still displacing hard-working female athletes from teams and podiums. And denying women safety and privacy on the court and in the locker room.

3. There is a ton of competition that happens outside of the reach of Title IX, arguably the majority. More dollars are spent in the private youth sports market in America today than all the professional sports combined. Analysts estimate its billions of dollars. Any athlete competing for a private club in the Olympic movement, governed by the US Olympic Committee (USOPC) and individual sport governing bodies is untouched by Title IX. And currently, the USOPC has not weighed in to say all women’s sports must be for XX only. They have kicked it to the individual sport governing bodies like, for instance, USA Gymnastics (USAG). Here is their official policy:

   

4. The USOPC sets its own rules and their funding comes largely from private companies, not the federal government. If they think the funding from “woke” companies will dry up by taking a stand, they won’t do it.

5. The International Olympic Committee (IOC) also is funded largely from private companies and also sets its own rules. As of now, their “rules” allow males to win gold medals in women’s boxing, as we saw in Paris this past summer with Imane Khelif winning the women’s welterweight category.

6. Lastly, individual races such as the Boston Marathon are governed independently. In the case of the Boston Marathon, it is governed by the Boston Athletic Association. We recently learned that the Boston Marathon has qualified a male in the women’s category, displacing a woman from making the cut. The Boston Marathon is funded by corporations like Bank of America and Adidas. Title IX has no bearing on their rules.

This is not over. Even with the Title IX re-write being rescinded, many states will continue to use self ID (if you say you’re a woman you are) as the only qualifier necessary to compete in the women’s category. And, so much of sports competition within youth sports and adult competition exists outside the purview of Title IX. We are not done.

We need to continue to fight to change the culture. When the 80% of Americans who agree that women’s sports are for XX only make their voices heard, there isn’t a sports governing body that would dare to allow a male to steal a spot or trophy from a female athlete. But as of now, there isn’t a single currently competing top tier professional or Olympic level female athlete who has spoken out on the matter.

We have a long way to go. Keep fighting.