There has been much progress in the restoration of Title IX’s original intent of late.
On July 1 2025, the University of Pennsylvania agreed to comply with all demands issued by the Department of Education regarding its Title IX adherence.
The July 1 announcement came after the Department of Education’s Office for Civil Rights found the university in violation of Title IX for allowing 2022 graduate and male swimmer Will Thomas to compete on the UPenn women’s swimming and diving team during the 2021-22 season.
Penn released a statement affirming compliance with Title IX, restored awards and records stolen by male athletes to the female athletes who earned them and whom they were stolen from, and sent individual apology letters to the affected athletes.
Penn will also “adopt biology-based definitions” going forward ensuring that males are not competing on women’s teams in the future.
Just two days later, on July 3, the U.S. Supreme Court announced that it has agreed to hear two cases challenging state bans on male athletes participating in girls’ sports. This decision will address whether states can legally exclude males who identify as girls from participating on female sports teams. The cases involve challenges to laws in Idaho and West Virginia.
The Supreme Court's decision to hear these cases comes after lower courts ruled against the state bans, citing violations of Title IX. But the lower court rulings against protecting the female category alter the meaning and intent of Title IX.
Title IX’s clear purpose is to protect the sex-based rights of women and girls. Not “gender identity.” It reads:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance."
The lower court rulings favored male athletes identifying as girls/women in both K-12 and college sports. And seemed to extend the notion of “on the basis of sex” to include “gender identity.” But thinking of oneself as a woman or girl does not make it so.
The cases will be argued in the fall, with a decision expected in 2026.
We made this ad – simply articulating the 37 words that changed everything for women and girls in 1972.
