“The agency tasked with advancing America’s energy security, developing its nuclear arsenal, and handling environmental challenges is now shaping the landscape of interscholastic sports in the United States.
The Energy Department recently released two direct final rules to modify existing Title IX protections. One of the rules would strike regulations requiring schools that receive federal funds to allow students to try out for opposite-sex noncontact sports teams if schools do not offer the sport to their sex. This change would impact sports such as tennis and swimming.
The Energy Department says “such athletics rules ignore differences between the sexes which are grounded in fundamental and incontrovertible reality while also imposing a burden on local governments and small businesses who are in the best position to determine the needs of their community and constituents.” The rule was issued in response to President Donald Trump’s executive order “Keeping Men Out of Women’s Sports,” which directed the Education Department to bring Title IX enforcement actions against educational institutions receiving federal funding “that deny female students an equal opportunity to participate in sports and athletic events by requiring them, in the women’s category, to compete with or against or to appear unclothed before males.”
The second rule issued by the Energy Department would strike a provision that allows students to “take affirmative action” to “overcome the effects of conditions that resulted in limited participation” if a federal agency determines that they have not faced discrimination based on sex in an “education program or activity.” The rule also strikes a requirement mandating schools to conduct self-evaluations on how their programs and practices comply with Title IX. Reporting under this provision ended in 2002.
While Title IX enforcement has traditionally been led by the Education Department, the Energy Department has “long used the law to close the gap between men and women in science, technology, engineering and mathematics fields,” reports Politico. Still, the method by which the agency is proposing to reform Title IX is worrying several civil rights groups.
The agency is using a direct final rule process, which has been reserved for “noncontroversial rules” that are “unlikely to receive significant adverse comments,” notes Politico. Shiwali Patel, senior director of safe and inclusive schools at the National Women’s Law Center, told Politico that direct final rules can’t be used for Title IX.
“Technically, it just takes one significant adverse comment for them to have to withdraw the rule or to go through the notice of proposed rulemaking,” said Patel. “However, we’re dealing with an administration that has made very clear that they are not about complying with the law.””
https://reason.com/2025/06/17/why-is-the-energy-department-making-rules-about-sex-and-school-sports