House backs Title IX Clarification Act

Rep. Jodey Arrington, a Texas Republican, introduced the Title IX Clarification Act on May 13, 2026, as House Republicans rallied behind a proposal to define Title IX protections in terms of biological sex. The bill, H.R. 8781, would write into federal law that discrimination barred under Title IX is based on what its sponsors call the “biological reality of sex.” Arrington’s office said the measure was designed to reinforce President Donald Trump’s reversal of a Biden-era executive order on how Title IX should be interpreted. The bill was referred to the House Committee on Education and Workforce the day it was introduced. ### What exactly would Arrington’s bill change in federal law? H.R. 8781 is drafted to clarify that, for federal nondiscrimination rules tied to education funding, Title IX applies on the basis of biological sex. Legislative tracking records describe the bill as covering “Federal nondiscrimination requirements applicable to education programs or activities receiving Federal financial assistance.” Arrington’s office said the measure would “codify” that Title IX requirements are based on the “biological reality of sex.” (arrington.house.gov) Title IX, enacted in 1972, bars sex discrimination in federally funded education programs. The Department of Education enforces the law across K-12 districts and most colleges and universities that receive federal money, according to the Congressional Research Service. ### Why is this bill coming up now? The Department of Education’s interpretation of Title IX has shifted across administrations, the Congressional Research Service said in a March 24, 2025 legal brief. (trackbill.com) CRS said the Biden administration’s 2024 regulations defined sex discrimination to include discrimination based on sexual orientation and gender identity, drawing on the Supreme Court’s 2020 decision in *Bostock v. Clayton County*, a Title VII workplace case. CRS also said those 2024 regulations were vacated in full by a federal court in early 2025 and that the department said it would again enforce the 2020 regulations. (congress.gov) Arrington’s office said the new bill would “further uphold” Trump’s revocation of a Biden-era executive order that had directed the education secretary to interpret Title IX’s ban on sex discrimination to cover sexual orientation and gender identity. Texas Politics, which first reported the current House backing, said Republicans were rallying behind the measure this week. (congress.gov) ### Who is backing the measure in the House? Arrington’s office listed several Republican supporters, including Reps. August Pfluger of Texas, Brian Babin of Texas, Chris Smith of New Jersey and Mike Bost of Illinois. In statements released by Arrington’s office, those lawmakers said the bill was intended to preserve protections and opportunities for women and girls under Title IX. (arrington.house.gov) Legislative tracking records showed 23 Republican sponsors and cosponsors tied to H.R. 8781 after introduction. Those listed included Addison McDowell, Adrian Smith, August Pfluger, Barry Moore, Brian Babin, Chris Smith, Claudia Tenney, Diana Harshbarger, Buddy Carter, Julie Fedorchak, Michael Rulli, Mike Simpson, Mike Bost, Pete Stauber, Richard McCormick, Riley Moore, Russ Fulcher, Sheri Biggs, Thomas Massie, Tracey Mann, Troy Downing and Greg Steube. (arrington.house.gov) ### How does this fit into the broader Title IX fight? The Congressional Research Service said Title IX policy has been moving on two major tracks: how schools handle sexual-harassment complaints and whether the law covers discrimination based on gender identity and sexual orientation. CRS said those questions have been shaped by agency rulemaking, court challenges and changes between presidential administrations. (trackbill.com) A separate CRS brief published in 2024 said the Biden administration’s updated rule would have required schools, absent an exception, to treat individuals consistent with their gender identity under Title IX. That interpretation became a central target of litigation and political opposition. ### What happens next in Congress? The House referred H.R. 8781 to the Committee on Education and Workforce on May 13, according to legislative tracking. (congress.gov) That committee would handle any hearings, markup or vote before the bill could move further in the House. As of the latest available records surfaced in reporting, the measure had been introduced and referred, with Republican sponsors continuing to promote it publicly. (trackbill.com) (congress.gov)