DOE's Proposed Changes to Title IX Regulations Spark Controversy

In May 2025, the U.S. Department of Energy (DOE) issued Direct Final Rules (DFRs) proposing the rescission of specific Title IX regulations, potentially diminishing athletic opportunities for female students in DOE-funded educational programs.

Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. The DOE's proposed changes specifically target regulations that have historically ensured equal participation opportunities for women and girls in educational programs receiving DOE funding.

The DFRs propose to eliminate requirements that mandate schools to allow students to try out for non-contact sports teams that do not align with their gender when no equivalent team exists for their gender. This change could potentially reduce athletic opportunities for female students in institutions that benefit from DOE grants. The DOE's initiative is part of a broader effort to align federal regulations with the administration's policies on gender identity and Title IX interpretations. The proposed rule was published in the Federal Register on May 16, 2025, with an effective date of July 15, 2025, unless significant adverse comments were received by June 16, 2025.

The proposed changes have faced opposition from civil rights organizations, including the National Women's Law Center (NWLC), which submitted formal comments urging the DOE to withdraw these rules, citing concerns over the rollback of critical protections for women and girls. The Women's Sports Foundation also strongly opposed the DFR, stating that it undermines decades of progress and urging for its withdrawal. Additionally, The Leadership Conference on Civil and Human Rights, along with 57 other organizations, submitted comments opposing the DOE's direct final rule, urging its immediate withdrawal.

Critics have raised concerns about the DOE's use of the Direct Final Rule process, which allows federal agencies to expedite the usual, lengthy rulemaking process without providing the traditional public notice and comment opportunity on proposed rules. DFRs are typically meant for noncontroversial, technical changes to regulations, not to undo longstanding civil rights protections. The DOE's approach has been described as procedurally deficient and harmful, especially to women and girls and people of color.

The DOE's proposed changes are part of a series of actions by the Trump administration to modify civil rights protections. In January 2025, President Donald Trump signed Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," which revoked several previous executive orders related to diversity, equity, inclusion, and accessibility (DEIA) in federal contracting. This order prohibited private organizations from conducting DEIA employment programs for jobs created by federal contracts.

The proposed rescission of Title IX protections by the DOE could have significant social and societal implications, particularly for women and girls. By eliminating requirements that ensure equal participation opportunities in non-contact sports, female students may face reduced athletic opportunities, which could impact their physical health, academic performance, and future opportunities in sports-related fields. Additionally, the rollback of these protections may signal a broader trend of diminishing civil rights safeguards, potentially affecting other marginalized groups and setting a precedent for future policy changes.

The controversy surrounding the DOE's proposed Title IX changes underscores the ongoing debate over gender equality in education and the importance of maintaining protections for marginalized groups. As the July 15, 2025, effective date approaches, stakeholders continue to advocate for the preservation of these critical civil rights protections.