When Congress enacted the Education Amendments of 1972, Title IX was a simple provision designed to ensure equal opportunity for women. It bars schools that receive federal money from discriminating against students “on the basis of sex.” But 50 years later, “sex” has become a lot more complicated. The Biden administration proposes to redefine womanhood and transform Title IX into a barrier to the progress of women.
In June the Education Department made headlines with new regulations under Title IX that would curtail due process for students accused of sexual misconduct. A less-noticed proposal in the same rulemaking would alter the definition of sex to include sexual orientation and “gender identity.” The latter change is a direct threat to the interests of women and girls. It would require schools to treat boys and men who “identify” as female as if they were girls or women. Every sex-separated space and program—including bathrooms, locker rooms and sports teams—would be required to accommodate these transgender students.
Transgender participation in women’s sports was already a hot-button issue. A press release that announced the rule said the department plans to “engage in a separate rulemaking to address Title IX’s application to athletics.” But the June proposal includes several decrees about sports.
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 locations that are part of the school’s operations” but also “all of its academic and other classes, extracurricular activities, [and] athletics programs.”
When words lose their meaning....
