S. 5179
Title IX Clarification Act of 2026
Official summary
Written by the Congressional Research Service.
Title IX Clarification Act of 2026
This bill defines the terms sex, female, and male for purposes of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs that receive federal financial assistance.
Specifically, the bill defines sex as an individual’s biologically determined sex, as either male or female. Therefore, Title IX's prohibition on sex discrimination only applies to biological sex under the bill.
The bill defines female, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the large gamete (ova) for fertilization.
The bill defines male, when used with respect to a natural person, as an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the small gamete (sperm) for fertilization.
(A January 20, 2025, executive order stated that it is the policy of the United States to recognize two sexes—male and female—which are not changeable. On February 4, 2025, the Department of Education announced its intent to enforce its Title IX regulations consistent with this executive order. For more information on the status of these regulations, see LBS11279.)
Text of the bill
Section 901(c) of the Education Amendments of 1972 (20 U.S.C. 1681(c)) is amended—
(1) by striking title an educational institution and inserting the following:
title—
(1) the term educational institution
(2) by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
(2) the term sex refers to an individual’s biologically determined sex, as either male or female;
(3) the term female, when used with respect to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the large gamete (ova) for fertilization; and
(4) the term male, when used with respect to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly, historical accident, or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes the small gamete (sperm) for fertilization.