11. Department of Education · Major
Abandon the SOGI redefinition of 'sex' across all departments
Printed page 334 11. Department of Education
“The next Administration should abandon this change redefining “sex” to mean “sexual orientation and gender identity” in Title IX immediately across all departments.”
What has happened
- Partially done
HHS published a notice of vacatur removing the gender-identity expansion from its Section 1557 rule — the health-care statute that borrows Title IX's definition of sex discrimination — after Tennessee v. Kennedy (S.D. Miss., 2025-10-22) held those provisions void. A second department off the SOGI reading, though by court order rather than agency choice. No allowlisted source says the sweep across all departments is complete.
- Partially done
The first department implemented it: OCR's Dear Colleague Letter told schools and colleges that Title IX is enforced under the 2020 rule and "consistent with President Trump's Order", ending the Department of Education's sexual-orientation-and-gender-identity reading of "sex".
- Attempted
Executive Order 14168 ordered all agencies and departments of the executive branch to "enforce all sex-protective laws to promote [the] reality" that there are "two sexes, male and female" that are "not changeable" — as the Department of Education's own Title IX letter of 2025-02-04 recites. A government-wide directive with nothing yet implemented.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Executive Order 14201, “Keeping Men Out of Women’s Sports” (2025-02-05, FR 2025-02513), is a further implementing step; it is cited on #835 rather than repeated here.
- The Department of Energy’s direct final rule rescinding its own Title IX provisions (published 2025-05-16) has had its effective date pushed back four times, most recently to 2026-12-28 (FR 2026-13304) — evidence that the department-by-department sweep is unfinished.
- Executive Order 14168 is also the source of asks tracked in other Chapters; this entry covers only the Title IX definition of “sex”.
- Action
- rescind
- Object
- Redefinition of “sex” as sexual orientation and gender identity in Title IX
- ID
- 838