Next, Legal Challenges to Biden's Misogynistic Rewrite Of Title IX
The Biden Administration's rewrite of Title IX lacks a solid legal foundation but it will likely be in effect for the foreseeable future - at least until the Presidential election.
Many Americans are outraged in the wake of the Biden administration’s arbitrary 1,577-page rewrite of Title IX, the law passed by the U.S. Congress in 1972 to ensure that women are free from sex discrimination in education.
Miguel A. Cardona, secretary of the Department of Education (DOE), ignored a literal tsunami of objections to the proposed rewrite, altering the iconic legislation that prohibits sex discrimination without bothering to seek Congressional approval. The Final Rule becomes effective on Aug 1, 2024.
The Final Rule adopts the equivalent of a male rights theory that gives males who merely identify as women (without fulfilling any medical requirements) the same rights as actual females. On this questionable basis, the Rule effectively deprives females of sex-based opportunities and scholarships, the provision of which is why Title IX was passed in the first place.
Cardona’s edict is backed by the government’s ability to yank federal funds from educational institutions that fail to obey.
“OMG OMG OMG OMG there went forty years of feminism.” - Dr. Naomi Wolf, DPhil, author.
Virtually all educational institutions in the United States get federal funding, from kindergartens to advanced degree programs, plus outliers like prison, health and special needs programs with educational content. It is even possible that private schools with tax-exempt status (deemed a form of financial assistance) also will be required to obey the Final Rule.
All of this is happening at a time when evidence has reached the point of overwhelming that medically transitioning minors is little more than medical experimentation that leaves minors sterile, enfeebled and unable to achieve sexual satisfaction. European countries are drastically restricting gender treatment programs for minors.
Eliminating Sex Differences
According to Cardona, the Final Rule protects against discrimination based on “sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
The rule has the effect of eliminating all differences between the sexes, which predictably is a much more onerous problem for women than men.
“This Title 9 edict is a complete re-write of a major legal protection for women and girls, and nobody in Congress even discussed or voted on this. Outrageous!!!!“ - Megyn Kelly, host of The Megyn Kelly Show.
For example, the rule establishes the right of a male who merely says he identifies as a female to enter female private spaces (i.e. bathrooms and locker rooms). This raises the risk of male violence and harassment to girls and women in a way that does not exist when a woman identifies as male and enters male private spaces.
Rheem Asalem, the U.N Special Rapporteur on violence against women and girls, earlier warned Biden that eliminating single-sex spaces would constitute a human rights violation by depriving girls and women of their rights to “privacy, safety, and dignity.”
“Title IX has become a weapon against women .” - Kim Shasby Jones, Independent Council on Women’s Sports.
The Final Rule also requires that males who identify as women be addressed using gender approved pronouns. Thus, girls and women become an ambiguous subset of the female sex, rather than one of two biological sexes. Moreover, this is compelled speech that arguably violates the First Amendment. Faculty, students, support staff and volunteers are compelled to ignore the indisputable scientific fact that transwomen are male and transmen are female.
“These regulations prevent schools from informing parents if their minor child seeks assistance for an abortion, wishes to ‘transition gender,’ or prefers pronouns.” - Moms for Liberty.
Trans Athletics
The Final Rule is ambiguous with respect to sports. The DOE says it received 150,000 public comments about the impact of trans on sports that require “careful consideration.” According to the DOE, the “rulemaking process is still ongoing for a Title IX regulation related to athletics.” Yet, the Rule clearly states that males who identify as female can enter female locker rooms.
“They are eliminating sex-based categories and distinctions. And gaslighting us into accepting that there is no actual difference between males and females.” - Jennifer Sey, CEO of XX-XY Athletics.
The DOE says a statute violates Title IX “when it denies a transgender student access to a sex-separate facility or activity consistent with the student’s gender identity.” However, the DOE says it recognizes the unique circumstances of athletics may merit a different approach to addressing sex discrimination.
“Insane.” - Elon Musk.
About two dozen states currently restrict participation in high school and college women’s sports to only biological women.
“The Biden Administration’s new Title IX regulations are a safeguarding disaster come to life. Undermining sex-based civil rights in the name of ‘gender identity’ is not only a civil rights nightmare; all hell breaks loose.” - Gays Against Groomers.
Males clearly have a significant and obvious biological advantage with respect to strength and speed, so requiring schools to allow males to play on female sports teams benefits males more than females. Additionally, it exposes girls and women to greater risk of injury.
Lawsuits in the works
[Article continues below for paying subscribers…]
Keep reading with a 7-day free trial
Subscribe to INJUSTICE AT WORK to keep reading this post and get 7 days of free access to the full post archives.