Biden's Other Title IX Outrage

Updated August 29, 2022 8:38 PM ET A sign for gender-neutral restrooms at La...


A sign for gender-neutral restrooms at LaSalle Elementary Language Academy in Chicago on Dec. 9, 2021.


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Erin Hooley/Zuma Press

When Congress enacted the Education Amendments of 1972, Title IX was a mere provision to ensure equal opportunity for women. It prohibits schools that receive federal money from discriminating against students “on the basis of sex.” But 50 years later, “sex” has become much more complicated. The Biden administration is proposing to redefine femininity and turn Title IX into a barrier to women’s progress.

In June, the Department of Education made headlines with new regulations under Title IX that would limit due process for students accused of sexual misconduct. A less noticed proposal in the same regulations would change the definition of sex to include sexual orientation and “gender identity”. This latest change is a direct threat to the interests of women and girls. This would force schools to treat boys and men who ‘identify’ as women as if they were girls or women. Every gender-segregated space and program, including restrooms, locker rooms, and sports teams, would be needed to accommodate these transgender students.

Transgender participation in women’s sports was already a hot topic. A Press release who announced the rule said the department plans to “engage in separate regulation to address the application of Title IX to athletics.” But the June proposal includes several decrees on sport.

In addition to expanding the term “sex” to encompass gender identity, the rule states that under the proposed regulations, a federal education program or activity would include not only “buildings or places that are part of school activities”, but also “all its academic and other courses, extracurricular activities, [and] athletic programs.

To comply with this new interpretation of Title IX, educational institutions “shall not conduct any differential treatment or separation otherwise permitted on the basis of gender. . . including adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity. The proposed rules would set the stage for a legal showdown between Washington and states that have enacted laws to prevent biological men from competing on women’s sports teams.

The department cites the Supreme Court’s decision in Bostock v. County of Clayton (2020) as the legal basis for the proposed rule. But that ruling applied only to labor law, governed by Title VII of the Civil Rights Act of 1964. Judge Neil Gorsuch wrote for the majority that it “did not purport to deal with bathrooms, dressing rooms or anything else of the sort” and Judge Samuel Alito noted in dissent that the court “declines to say anything about other statutes whose terms reflect Title VII’s”, including the title IX.

Protecting transgender employees from discrimination may seem like a simple matter of fairness. But applying this redefinition in the context of school sport is an attack on the privacy of girls and young women in the locker room and the bathroom and on their freedom to compete on an equal footing. It is a travesty that the Biden administration seeks to do this under the guise of a law that is supposed to promote the advancement of women.

Ms. Tietz is a Robert L. Bartley Fellow at the Journal.

Copyright ©2022 Dow Jones & Company, Inc. All rights reserved. 87990cbe856818d5eddac44c7b1cdeb8

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Newsrust - US Top News: Biden's Other Title IX Outrage
Biden's Other Title IX Outrage
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