Title IX Clarification Act of 2026

The bill is a valid exercise of Congress's power under the Spending Clause to attach conditions to federal financial assistance. The Constitution grants Congress authority to lay and collect taxes to provide for the general welfare, and to make all laws necessary and proper for executing that power. Defining the term 'sex' in Title IX as biological sex is a permissible clarification of the condition attached to federal funds, consistent with the principle that Congress may prescribe the terms under which it disburses money. This does not infringe upon any constitutional prohibition, as the Con…

The bill, by seeking to define 'sex' for purposes of Title IX as biological reality, rests on Congress's power under the Spending Clause to attach conditions to federal funds. However, the Constitution does not grant Congress general authority over education or the definition of personal attributes like sex; such matters are reserved to the States and the people under the Tenth Amendment. Moreover, the Ninth Amendment reminds us that the enumeration of certain rights does not disparage others retained by the people. If this bill is applied in a manner that infringes upon state sovereignty or i…

This bill clarifies the definition of 'sex' for purposes of Title IX nondiscrimination requirements attached to federal financial assistance. Under the Spending Clause, Congress has the authority to define terms and attach conditions to federal funds to ensure they are used in accordance with federal policy. The Tenth Amendment reserves to the states powers not delegated, but here the condition is a permissible exercise of Congress's power to provide for the general welfare and does not commandeer state governments; states may decline the funds. The clarification does not exceed the enumerated…

This bill is a permissible exercise of Congress's power under the Spending Clause to attach conditions to federal financial assistance, and to define the terms of those conditions. The Necessary and Proper Clause grants Congress the authority to choose the means to carry out its enumerated powers, and defining 'sex' as biological reality in Title IX is a means plainly adapted to the legitimate end of ensuring uniform nondiscrimination standards in federally funded education programs. As held in McCulloch v. Maryland, the Constitution does not require Congress to enumerate every incidental powe…