Biden administration rewrites transgender advocacy Title IX The rules hide rule changes that could eliminate separate K-12 sports for boys and girls as early as August 2024.
When the rule was first announced last week, analysts noted that the word “transgender” was not seen in the revised proposal sponsored by Biden’s Education Department. Some believe the change is an apparent attempt to block state rules banning transgender athletes from participating in women’s sports.
However, as we further considered the changes, it became clear that other changes may have eliminated the need to specifically address transgender athlete issues.
At issue is the section that appears to require schools to use the required pronouns for children who identify as transgender. Not to mention provisions that protect children along their “gender identity.”
Of course, Title IX is the federal regulation that defines sex discrimination for educational institutions receiving federal funding and is part of the Civil Rights Act of the Education Amendments Act of 1972. The bill was originally intended to protect women and minorities from being deprived of educational opportunities, including school sports, but Biden’s changes are a significant departure from that original intent.
According to a review by the Gospel Coalition, the Biden administration added “gender identity” to the rule prohibiting “sex-based harassment,” expanding the definition from male and female to LGBTQ and transgender.
🚩Interesting facts about Title IX rule changes:
Just now, in a virtual stakeholder meeting, Department of Education Assistant Secretary for Civil Rights Katherine Ramon was directly asked whether the Department of Education continues to develop Title IX, Section 2 rules for athletics.
she…
— Sarah Parshall Perry (@SarahPPerry) April 19, 2024
The new regulations also prohibit discrimination against LGBT+ individuals, consistent with Supreme Court decisions. Bostock v. Clayton County.
Regarding the latter point, TGC explains:
This last element is considered the most important. In the landmark Bostock v. Clayton County case (2020), the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex, does not protect individuals from discrimination based on sexual orientation or sexuality. The court ruled that the same shall be protected. Gender identity. In this Title IX final rule, the Department incorporates the rationale of Bostock and explicitly prohibits discrimination and harassment based on sexual orientation, gender identity, or sexual characteristics in federally funded education programs.
Biden’s rules do not specifically mention transgenderism, but Education Secretary Miguel Cardona said this was intentional because “standards for students participating in male and female athletic teams are evolving in real time.” It was pointed out that this was done. Cardona added that the administration plans to revisit the rules at the appropriate time and that the current rules regarding transgender people are not final, as “individual rulemaking” will occur in the future.
Therefore, adding “gender identity” to the rules scheme would necessarily already protect transgender people, even if it is not specifically mentioned.
Currently, 24 states enacted Transgender procedures and bans and restrictions on athletes competing on teams that match their gender identity.
The administration has set an August 2024 deadline for educational institutions to implement the new regulations.
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