On June 23, 2022, on the 50th anniversary of Title IX of the Education Amendments of 1972, the Department of Education released a proposed rule that guts Title IX’s protections for women and girls, and redefines “sex” to include “sex stereotypes, sex-related characteristics, sexual orientation, and gender identity.”
Title IX–the pinnacle achievement in educational equality for women–was passed in recognition of the inherent distinction between men and women, one born from immutable biological traits, and prohibits discrimination based on sex in any educational program or activity that receives federal financial assistance, from Kindergarten through college.
But the Department of Education’s proposed rule aims to destroy the very purpose of Title IX with definitions and applications that will:
- Allow biological males who identify as women to access women’s bathrooms, locker rooms, dorms, athletic facilities, and other sex-segregated venues at any federally funded educational institution, thereby creating a high-risk environment that violates women’s basic privacy;
- Allow biological males to compete in women’s sports at any federally funded educational institution, thereby limiting women’s opportunities for scholarships, playing time, and participation by ignoring the distinct competitive advantages males possess over females;
- Allow federally funded educational institutions to weaponize woke ideology and undermine free speech through a broadened definition of sexual harassment that includes the vague and subjective concept of “unwelcome sex-based conduct,” thereby muzzling students and teachers and creating a heckler’s veto of the highest order;
- Allow federally funded educational institutions to deprive those accused of sexual assault or harassment of due process protections by requiring the adjudication of claims by a single investigator, thereby gutting the 2020 Title IX rule establishing those protections, including the introduction of evidence, representation by counsel, and cross-examination of witnesses, in order to protect both accused and accuser; and
- Remove protections for federally funded religious educational institutions that adhere to a traditional belief on sexuality, gender, and marriage by eliminating previous clarifications on Title IX’s religious exemption that were issued as recently as 2020.
Conservatives vehemently oppose the Biden administration’s radical attempt to rewrite Title IX. Whether it’s the deluded insistence that men can get pregnant, the intentional effort to replace mothers with the phrase “pregnant people,” or the inability to even define a woman, the Biden administration’s Title IX proposal is merely the latest illustration of the left’s woke war on women–a war that through both policy proposals and institutional capture seeks to erase women from civil society.
With its new Title IX rule, the Biden administration is pursuing a radical agenda and proposing a change to our laws and to our educational system that will do irreversible and long-lasting harm to women, girls, the wrongly accused, our faith institutions, and freedom of speech. With such a transformative proposal under consideration, it’s imperative that citizens take action to defeat it.
Under federal law, the Department of Education is required to take written comments from the public into consideration when promulgating a new rule of any kind. The public comment period on its new Title IX rule closes on Sept. 12.
We encourage concerned citizens, parents, and students to submit public comments (https://www.regulations.gov/document/ED-2021-OCR-0166-0001) in opposition to the administration’s radical Title IX rewrite and urge lawmakers to utilize every tool and legislative option available to rescind this regulation upon implementation.
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