On Friday, the Department of Education announced its final Title IX regulations, broadening the definition of sex-based discrimination to include “gender identity.” This effectively prohibits all educational entities in receipt of federal funds from acknowledging biological reality when individuals dispute it. As well as undermining free speech and due-process rights, the new rule will have sweeping and disastrous consequences for women and girls, the very people Title IX was supposed to protect.
The Biden administration is framing the final rule as a delivery of a campaign promise to better protect LGBTQ students from harassment “just because of who they are” and to restore Obama-era kangaroo courts for sexual misconduct on college campuses, which the Trump Department of Education (DOE), under Betsy DeVos, reformed to protect due-process rights and investigatory integrity.
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