If you’re a parent of a young girl or boy that integrates into groups of other young girls or boys, our President is about to alter their lives forever: NOT Congress; NOT your state legislature; NOT YOU. President Biden — unilaterally!
If you have had concerns about your young girls being stuck in restroom situations at schools that allow biological boys who self-identify as girls who share your girl’s restroom, get set. What happened to those two young girls in Loudon County, Virginia, at two different public schools is about to sweep across the nation.
Two different girls at two different schools were sexually assaulted by the same boy who identified as a girl, dressed as a girl, but assaulted girls as a boy was finally stopped. And if Biden has his way, schools at every level in every state will be bound to operate with those same horrific circumstances (and more) 24/7 year-round.
Biden’s Issuing A “New” Title IX
President Joe Biden’s Department of Education (DOE) is expected to roll out new Title IX rules that will expand the definition of sex to include gender identity, which experts say will have legal and cultural implications for all aspects of American education.
The Office of Civil Rights (OCR) is planning to take an unprecedented step to expand the definition of sex to include gender identity under Title IX of the 1972 Education Amendments, a key civil rights law that ensures no person is discriminated against under any federal education program or activity “based on sex.”
The rule change will require every sex-separated space, program, building, bathroom, and locker room to accommodate individuals “who may feel as though they are women, even though biologically, they are men,” according to Sarah Perry, a senior legal fellow for The Heritage Foundation.
“What we saw with Lia Thomas at the NCAA Championships will now be happening at schools and colleges across the country if they receive $1 of federal funding from the Department of Education,” Perry said.
Gender Is Not An Immutable Characteristic
The OCR has already indicated it will enforce Title IX to include discrimination based on sexual orientation and gender identity in what it says is consistent with the 2020 Supreme Court case, Bostock v. Clayton County, Georgia, which extended workplace sexual harassment and discrimination protections to LGBTQ employees.
The Biden administration uses the Bostock ruling as its basis for all other modifications of civil rights law, Perry said. Although, the decision specifically noted that the Supreme Court did not “purport to address bathrooms, locker rooms, or anything else of the kind.” But how could they NOT include those locations if they intend to honor this so-called “extension” of Title IX?
For decades, the high court has relied on immutability, which encompasses characteristics like race, national origin, and sex. But now, the Biden administration is attempting to “shoehorn” an expansive definition of sex into Title IX, which was explicitly drafted to protect biological women and girls, giving them all the rights that men already had.
“What this does is ultimately open up what has been long-standing, successful application of federal civil rights law to individuals who happen to feel like a woman or feel like a man at any given time or any given space,” Perry said. “We have never before in American civil rights law offered federal legal protections for an individual based on how they feel subjectively and internally.”
Once gender, which is not an immutable characteristic, becomes a protected class the same as race, “you’re running up against the freedom of individuals to say … ‘I don’t agree that you are a woman if you were born a biological male,’” Jonathan Butcher, an education fellow at The Heritage Foundation stated. “If you express that opinion, you would be violating federal law.”
Limits To Free Speech
Perry described the rule change as an unprecedented and illegal expansion of the law that would implicate free speech by forcing individuals and institutions to provide biological men who identify as female with access to women’s restrooms, sports teams, and schools.
By expanding civil rights law, the Biden administration is muzzling “individuals who believe sex is immutable and biological … it shuts those people up, utterly silencing dissent in the education context,” Perry said.
Max Eden, a research fellow for the American Enterprise Institute, said officials in the Biden administration aim “to change culture, not just discriminatory treatment.” Under the new rules, any student will now be able to level an accusation of gender discrimination against their school, forcing institutions to become gender-affirming.
Conflicts With State Law
States have enacted legislation that bars biologically male students from competing in women’s sports, restricts doctors’ abilities to provide transition services to minors, and prohibits specific discussions of sexual orientation and gender identity in elementary classrooms.
The conflicting legislation will set up a “battle royale” in the federal court system to test whether the regulation of a federal agency is more potent than a democratically passed and enacted state law, Perry said. A coalition of 15 Republican-led states has already signaled that they will take legal action if the OCR’s rewritten rules conflict with existing state law.
Suppose the Biden administration does formally achieve its Title IX goals. In that case, it “begs the question whether or not they will go beyond the issues of bathrooms and sports teams and get to the real crux of the issue of coercing public schools to teach and operate that this ideology is true,” Eden said.
Twenty-seven parents’ rights organizations claiming to represent almost 400,000 members across the country recently sent a letter to Education Secretary Miguel Cardona urging him to heed their concerns about the changes. Many agreed that those alterations could threaten student safety.
“We represent parents, grandparents, and concerned citizens across the country who are worried that the forthcoming rule changes are a politicized effort to placate activists,” the organizations, spearheaded by Parents Defending Education, wrote to Cardona last Tuesday. “The sweeping changes to Title IX that you are reportedly set to announce would erode the rights that protect all students – regardless of sex – and ensure a safe and equitable learning environment.”
Several of the signatories expanded on their concerns:
“We see that this idea of identifying students in general by identity than by biological is concerning to us,” Moms for Liberty co-founder Tiffany Justice stated. “We’re seeing sexual harassment claims or harassment claims as language is violence, being used by students who accidentally misgender a child in the classroom. Sometimes genders are fluid. In instances where a child was being told to kill themselves and being bullied by a group of students changing their gender every day, the school was looking at harassment violations or harassment claims against that child, which was not the case. These are 11-year-olds.”
“We don’t see any reasons why it needs to be changed,” she continued. “We think it is the erasure of women in general. And as mothers, we are women, adult human females, who are not birthing people.”
“We want to protect women’s rights,” she concluded. “We believe the Biden administration is blurring and in effect erasing women in a lot of different ways.”
Elicia Brand, Army of Parents president and co-founder, similarly said the main reason that her group signed on to the letter was to safeguard female students.
“Title IX under Obama, and now under Biden, is being twisted and used as a weapon against girls and women, that Title IX was written to protect us. And we will suffer the most, particularly our girls in sports.”
“We don’t want this to be weaponized under Biden while his executive order doesn’t carry the full weight of the law as Trump’s did,” she continued. “It is still very dangerous because it gives the Department of Education the ability to bring lawsuits against schools, and in that way, they have to comply because they can’t lose the money. So the people that will be suffering will be girls and women.”
The 1972 Congress, she added, likely had “no idea” that Title IX would be “manipulated to expand from just sex to gender identity.”
Local father Benjamin Orr credited the original Title IX language with opening opportunities for his kids, especially his daughter. He said those opportunities were available in athletics and the form of academic scholarships.
“When you look at Title IX, it ensures that there’s equity between the sexes for anything related to educational purposes, whether that’s resources, scholarships, or athletics, of course,” Orr said. “And when you change this rule to make it about gender identity, which really can’t be defined…it just opens the door for potential abuse and changes.”
“This is kind of that tipping point that just kind of opens the floodgates to further interpretation, further understanding, and it’s a gray area. There’s no black and white perspective here on right versus wrong,” mother Dawn Lang agreed.
Ashley Jacobs, Executive Director and co-founder of Parents Unite, another signatory, also suggested that the reforms would negatively impact restroom safety and athletics.
“And it’s an issue because it has everything to do with bathrooms and dorms and sports teams,” she added. “Athletics: we can go into that too. Suppose you’re a lacrosse goalie, for example, on a girls’ team and a person who identifies as a girl and is going against you in lacrosse, which is a pretty brutal sport to begin with. I think there are just physical differences, and we’ve acknowledged that. But it’s complicated, and so we just felt that in K-12, this is such a complicated issue, and we’re making it harder, I think, to let schools do what’s best for them, for their students, and we’re making it harder for parents to do what’s best for their kids.”
Can you believe that ANY federal government official, any state government official, any public educator, coach, teacher, or administrator could not see the dangers that will sweep across America destroying the lives of millions of these young Americans at the most fragile point in their maturity? How on God’s green Earth could the President of the United States push this through, especially in light of his documented cries against sexual incursions of young kids while his own kids were growing up! Is he SO senile he cannot recall how protective HE was when his children were adolescents?
Or does he even care?
Solution: an executive order penned by this or any other president does NOT have the weight of the law. The United States Congress MUST immediately pass legislation prohibiting these actions that the sex-crazed Left is already pushing on our children. Congress needs to rewrite the language of Title IX to clarify its intent and to guarantee that sexual predators do NOT have access to our children.
I urge you to do two things immediately:
- Forward a copy of this story to your Mayor, your House and Senate state legislators from your district, your two U.S. Senators, and your representative in the U.S. House of Representatives.
- CALL them all! Be diligent and accept NOTHING but an actual telephone conversation about this with EACH of them. Don’t let their staff members talk you down. And when you DO speak to them or their staff members, be kind, cordial, and appreciative “for their assistance.”
In closing, think about those two girls in Virginia who were sexually assaulted, not for doing anything wrong that might have “attracted” that boy, but were in girls’ bathrooms minding their own business. Those two girls will NEVER be able to erase those assaults. And, by the way, the Loudon County School Board did not report either assault to local law enforcement officials as was required by law!
If we do NOT step up and support our young children in every way, they will be subjected again and again to the evils that we thought we were protecting them from. Make sure each of your children (and grandchildren) knows what to do when something like this happens to them.
One more thing: KNOW where every person running for office for which you can ever vote makes it clear exactly where they stand on this issue.