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Title IX of the Higher Education Act of 1972 bans sex-based discrimination in educational institutions that receive federal funding. 

The definition of what counts as sex-based discrimination has necessarily expanded over the years. In 2024, the Biden Administration extended a 2020 Supreme Court decision about LGBTQ+ workplace discrimination to Title IX.

The spirit of Title IX is to protect those who have been historically marginalized on the basis of sex/gender. However, we have seen a sharp uptick in watchdog efforts and legal action around educational programs and scholarships focusing on fostering gender (and racial) equity. Those bringing these lawsuits suggest that programs and scholarships that are explicitly for women violate Title IX because they discriminate against men.

Such lawsuits lean in to the concept of equality, the idea that fairness is giving everyone the exact same things. This is opposed to leaning into the concept of equity, where fairness is reaching equilibrium by giving some individuals and groups different protections and support to make sure that everyone has what they need to succeed.

Scholarships that seek to target protected groups to overcome historical forms of marginalization have become a target in the larger attack against DEI, Title VII, and Title IX. If a college or university is wary of listing your AAUW scholarship, this might be why. AAUW does not receive federal funding under Title IX, so can offer gender-specific scholarships and programs without this same fear.

Missy Maceyko, Public Policy Co-Chair, AAUW California Public Policy Committee