The Department of Education under the Biden Administration and the direction of education secretary Miguel Cardona has released a proposal to make changes to Title IX, which would erase biological sex from sex discrimination issues. Instead, it would add protections for gender identity, with no difference noted between real women and trans women.
This would make a huge change for Title IX, which was enacted in the 70s to curb sex-based discrimination, especially in funding, against women in universities.
The 700-page proposal would make it so that biological males would be entitled to women’s scholarships, women’s sports, and other activities. The proposal would “would make clear that preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX, except in some limited areas set out in the statute or regulations.”
“By providing this protection,” the proposed amendments state,” the “provisions would carry out Title IX’s nondiscrimination mandate and help to ensure access to education free from sex discrimination for LGBTQI+ students and others.
The proposal would make it so that biological men must be able to participate in female-nly activities, and “engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity subjects a person to more than de minimis harm on the basis of sex.”
There has already been outcry from critics, especially Republican Senator Josh Hawley, who writes: “Amazing. The Biden Administration’s new rule today on Title IX denies there are such things as women and men. The Admin is erasing gender & women from a statute designed to protect them.”
The proposal states that “The Department [of Education] does not construe the term ‘sex’ to necessarily be limited to a single component of an individual’s anatomy or physiology. Further, the Department need not define ‘sex.'”
Non-profit Parents Defending Education also cried foul in a statement, saying: “American families should be deeply concerned by the proposed rewrite of Title IX. From rolling back due process protections to stomping on the First Amendment, to adding ‘sexual orientation and gender identity into a statute that can only be so changed by Congressional action, the Biden Administration has shown that they place the demands of a small group of political activists above the concerns of millions of families across the country.”