The Biden administration’s Department of Education is eyeing radical changes to Title IX that could threaten the opportunities afforded to women through the 1972 statute. In a report released Thursday, the department issued proposals to change Title IX regulations to seemingly include transgender women in the protections formerly given to biological women. The most salient recommendation was the proposed regulation to “Articulate the Department’s understanding that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” The Education Department is inviting public comment (although the comment portal is not yet open), and Heritage Action for America has launched a tool kit to help grassroots activists and concerned parents fight back against this. It also is organizing public comments to be submitted against the proposed rule change.
The Department of Education indicates it will pursue a separate rulemaking process for the participation of transgender students in sports. But the department also says the latest proposal clarifies “that preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX.” So the department certainly seems to be moving toward supporting male athletes who identify as women joining women’s sports at the high-school and college levels.
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