June 13, 2020


Family Policy Alliance Commends Trump Administration for New Rule on Definition of “Sex Discrimination”

The new rule reverses an Obama-era policy that re-interpreted “sex”

COLORADO SPRINGS, Colorado – Family Policy Alliance – a pro-family ministry – commends the Trump administration for yesterday reversing an Obama-era policy that defined discrimination “on the basis of sex.” The regulation is enforcement for Section 1557 of the Affordable Care Act, a civil rights clause which referenced several existing statutes – including Title IX, which prohibits sex discrimination in educational programs.

Previously, the Obama Administration went beyond the plain meaning of the statute and strayed from the longstanding interpretation of discrimination “on the basis of sex” by including both gender identity and “termination of pregnancy” (abortion) in its definition.

Yesterday’s rule returns to a plain meaning of Title IX as biologically male or female. This ensures that health care entities that receive federal funding will not be forced to pay for or provide an abortion. It also ensures consistency in interpreting the meaning of “sex” in the various applications of Title IX.

Family Policy Alliance issued the following statement in response to the new rule:

“We thank the Trump Administration for its decision to return to the longstanding meaning of ‘sex’ in Title IX. This important law was designed to protect women, not to hurt them (as abortion does) or undermine their educational and athletic opportunities (as expanding to “gender identity” does). No health care entity should be forced to pay for or provide an abortion, and no girl should lose to a boy on the chance for an educational or athletic opportunity reserved for girls. This rule, while limited in its application to the Affordable Care Act, sends a strong message of support for women across America.”

The new rule comes on the heels of an administrative decision from the Department of Education’s Office for Civil Rights, which ruled that a Connecticut policy allowing males who identify as female to play in female sports divisions was a violation of Title IX. Yesterday’s new rule reinforces the idea that sex discrimination under Title IX is intended to mean biological sex, not gender identity.

Both the decision and the rule come just ahead of Family Policy Alliance’s “Save Girls’ Sports Week,” a nationwide campaign from June 21-27 that will promote laws ensuring girls’ sports are reserved for girls.

Media Contact:

Robert Noland, (719) 308-2822, Media@FamilyPolicyAlliance.com


Family Policy Alliance works to advance biblical citizenship and promote good public policy that protects religious freedom, families, and life.

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