Did Congress intend to include boys and men living as girls and women when they voted to protect female opportunities in education? The answer is easy when you consider lawmakers amended the Civil Rights Act to include Title IX protections way back in 1972.

No matter, the Biden Administration did it for them in 2024, not through elected representatives of the people, but through a rule change in a federal agency. The Department of Education published its new rule last month to redefine a prohibition on sex discrimination, and thereby completely undermining the intent of Title IX. The agency unilaterally changed the definition of “sex” in Title IX to include gender identity, gender expression, and sexual orientation. By doing so, it inserts males into spaces Title IX specifically reserved for females.

This means boys and men in girls’ and women’s restrooms, showers, locker rooms, dorm rooms, etc. in all schools that receive any amount of federal money. Sarah Parshall Perry in The Daily Signal added,

“The regulations also eliminate due process protections for students accused of sexual misconduct (like the right to call witnesses, introduce evidence, or be represented by counsel during an investigation), and violates the First Amendment to the Constitution by forcing teachers and fellow students to use of a student’s ‘preferred pronouns.’”

In addition, the rule requires schools to embrace a student’s gender identity without notifying parents. It doesn’t require a secret transition policy but confuses school districts with this new definition and puts them in a precarious place as they await a coming election and the outcome of several lawsuits.

The department’s decision to hold off on a second rule that pertains only to athletics is disingenuous, according to Perry, “By expanding the definition of “sex” to include “gender identity” and applying the rule to all “extracurricular activities,” male and female athletic teams will be a thing of the past. Indeed, the word “athletics” appears in the new rule at least 31 times.”

Within weeks of the rule’s publishing, several lawsuits were filed against the Administration, including one from our friends at Alliance Defending Freedom (ADF), calling out the violation of free speech and the rule’s outright lawlessness. In an opinion piece in the Wall Street Journal, ADF’s President Kristen Waggoner explains the ramifications of the rule and the Administration’s flawed arguments in using it to legislate from the Oval Office based on erroneous reasoning.

“This rule is also an assault on the freedom of speech. It demands that students, teachers and administrators go along with the lies of gender ideology, which are harming countless students today. Anyone who resists will be exposed to investigations, punishment or firing. That has already happened in Illinois, where a teacher was terminated for declining to refer to students with opposite-sex pronouns. Situations like this would multiply nationwide under this new rule.”

Waggoner also point out that the rule’s chief argument rests on the U.S. Supreme Court ruling in Bostock v. Clayton County (2020) that decided “sex” in Title VII included gender identity. She notes several judges have already acknowledged the differences between Title IX and Title VII.

“The logic of Bostock is that biology is generally irrelevant to the hiring and firing of employees. But Title IX, which regulates educational institutions, is a different statute with different language and history. Unlike Title VII, Title IX explicitly allows schools to draw sex-based distinctions, including in “living facilities.” The initial Title IX regulations, promulgated in 1975, recognized that the statute permits—and in some instances requires—many sex-specific spaces and programs, and Congress long ago ratified that understanding. Biology matters in sports and intimate spaces: Treating women fairly requires respect for their physical differences from men and their need for privacy.”

ADF has put together a K-12 educators’ guide to help those affected know their rights and how to navigate the current issues without resigning to silence. Download it here.

 ICYMI

• Read here Goldwater Institute’s research findings showing the double standard coming from anti-ESA, anti-educational freedom activists.
• Read here how the Justice Department is sending more pro-lifers to prison, while turning a blind eye to real criminals.
• Read here how Minnesota lawmakers failed to pass an extreme pro-abortion amendment, legalizing abortion up to birth.
• Pre-order CAP’s AZ Voter Guide for the primary election.