The U.S. Department of Education’s Office for Civil Rights (DOE) announced a new interpretation for the enforcement of the federal law known as Title IX of the Education Amendments of 1972, which bans sex discrimination in federally funded education programs. This new interpretation will force schools that receive federal funds to allow biological males to intrude into female-only facilities and to participate in female sports across America.
The department will now adopt a nonbiological definition of “sex” to include sexual orientation and gender identity. Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in any education program or activity offered by a recipient of federal financial assistance.
The DOE stated it “will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity.”
The DOE’s decision was made in light of Bostock v. Clayton County in which the Supreme Court decided last year that an employer firing someone based on his/her sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964. In a 6-3 opinion written by Justice Neil Gorsuch, the U.S. Supreme Court issued a lengthy opinion holding that, “An employer who fires an individual merely for being gay or transgender violates Title VII.”
However, the High Court admitted that “sex” in Title VII refers to biological male and female and furthermore their ruling applied to Title VII, not Title IX.
In 2017, SCOTUS set aside the decision by the appeals court which ruled that Title IX should be interpreted to include “gender identity” and that a girl who “identifies” as a boy can use the boy’s restroom. The case was sent back to the court of appeals after President Trump rescinded Obama’s transgender guidance that schools had to adopt a policy allowing students to use the restroom of their “self-identity.”
In this week’s decision, the DOE dismisses the gains for women under Title IX because their new interpretation of “sex” means biological males also will be allowed to compete on athletic teams designated for females. This is not only unfair but also threatens women’s safety and privacy.
A recent survey conducted by the Harris Poll revealed that 55 percent of respondents disapproved of Joe Biden’s “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” This order requires “schools to let biological boys who identify as girls to participate in girls’ sports, and vice versa.”
HR 5, known as the so-called “Equality Act,” has already passed in the U.S. House and is waiting to be voted on in the Senate. This would amend many federal laws by striking the word “sex,” and inserting “sex, sexual orientation, gender identity.” This amendment erases many sex-based protections for women. The Senate version states the “Q” in LGBTQ stands for “Queer,” which includes the entire universe of about 550 paraphilias outside of LGBT – one of which is pedophilia (euphemistically called “minor attracted persons”).
Liberty Counsel Founder and Chairman Mat Staver said, “The Biden administration is on a fast track to impose a radical redefinition of sex that will coerce educational institutions into violating the rights of young women and eliminating them as a coherent legal category worthy of civil rights protections. Immutable biological differences and unique attributes between sexes will become illusory because birth sex will become irrelevant. Women have a right to privacy and safety and not be forced to compete with men in sports in schools.”
