U.S. Senator Cindy Hyde-Smith (R-Miss.) challenged Education Secretary Miguel Cardona on whether the Biden administration’s final Title IX rule will result in making girls and women less safe by permitting biological males to use girls’ restrooms and locker rooms.
Hyde-Smith attacked the final Title IX rule during a Senate appropriations subcommittee hearing to review the FY2025 budget request for the U.S. Department of Education. The final rule, which could take effect August 1, radically redefines the word “sex” to include gender identity.
“There are many troubling aspects of this new rule, like its weakening of due process protections, redefining the word ‘sex’ to encompass gender identity, and compelling speech,” Hyde-Smith said.
“With the new rule redefining the word ‘sex,’ what does your Department have to say about how this rule will impact biological females? I’m thinking specifically about how it will allow transgender students to choose any bathroom, any locker room they wish, therefore eliminating safe spaces for women, and even pushing women out of athletics altogether. Do you agree they’re eliminating those safe places when they allow transgenders to choose what bathroom and locker room they want?” the Senator asked.
Cardona responded that Hyde-Smith’s line of questioning were “trying to create” division and that the final rule protects all students, particularly marginalized students. He added that the rule just reinforces what schools are already doing to protect students.
“We’re not trying to create divisions. You just said, ‘protecting students is my number one priority.’ So, do you feel like those biological females are protected in that setting? To the best of your ability, you’re protecting them?” Hyde-Smith responded. “All students need protecting, but there’s a difference in boys and girls and where they change clothes and undress.”
Hyde-Smith also questioned Cardona on parental rights under the sweeping final Title IX rule, which eliminates due process protections on campus, changes definitions of sexual harassment, and merges sex with gender identity. The rule, among other things, will:
- Prohibit discrimination “on the basis of sex” but the proposed rule extends that protection to gender identity and sexual orientation, essentially legislating through regulation.
- Require K-12 schools to ignore a student’s biological sex and to accept a child’s choice of gender identity without the approval of the child’s parents.
- Define sexual harassment so broadly that schools will be forced to discipline teachers, staff, and students for using the wrong pronouns.
- Jeopardize all federal funds a school or district receives for not complying with Title IX regulations.
Title IX of the Civil Rights Act, in place since 1972, was enacted to ensure schools cannot discriminate against individuals based on sex, which gave women better access to higher education and athletics. The Biden rule changes are being challenged on multiple fronts, including by states like Mississippi.
The Education Department also continues to work on a section Title IX rulemaking dealing with sex-related eligibility for male and female sports teams. Hyde-Smith has also opposed this effort, including cosponsoring the Protection of Women and Girls in Sports Act (S.613).
