11. Department of Education · Major · Needs Congress
Amend Title IX to add due process and define sex as biological
Printed page 333 11. Department of Education
“Work with Congress to amend Title IX to include due process requirements; define “sex” under Title IX to mean only biological sex recognized at birth; and strengthen protections for faith-based educational institutions, programs, and activities.”
What has happened
- Not started
Title IX is unamended. H.R. 8781, the Title IX Clarification Act of 2026 (Arrington, introduced 2026-05-13), would add definitions of "sex", "female" and "male" to 20 U.S.C. 1681(c) on a biological basis — one of the Mandate's three elements, with nothing on due process or faith-based institutions. The House Education and Workforce Committee ordered it reported, as amended, 18-15 on 2026-07-21; neither chamber has voted on it, and the Senate companion (S. 5179, 2026-07-30) sits in committee.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Negative search: no bill in the 119th Congress corpus adds due process requirements to Title IX or strengthens Title IX’s religious exemption. The other Title IX measures on file are commemorative resolutions (H.Res. 534, S.Res. 295, S.Res. 785, H.Res. 1385).
- The 2020 Title IX rule’s due-process protections are back in force by enforcement policy rather than statute — see #835. This Recommendation asks Congress to write them into the law, which has not happened.
- Action
- other
- Object
- Title IX of the Education Amendments of 1972
- ID
- 836