AMAC Exclusive – By Katie Sullivan
Last week, the comment period officially closed for the Biden administration’s sweeping rewrite of Title IX, a 50-year-old law that protects students, namely females, from discrimination on the basis of sex. More than 350,000 public comments were offered, most by conservative individuals and organizations concerned about what Biden’s butchering of Title IX would mean for parents’ rights, religious liberty, due process, and basic common sense. As many of these comments outline, Biden’s proposed changes not only violate the original spirit of Title IX, but they lay the groundwork for the further destruction of the entire American education system.
Title IX was enacted in 1972 to ensure equal opportunity for female students at all educational institutions which receive federal funds. A short and straightforward provision of the law, Title IX specifically states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
In practice, when interpreted and invoked properly, Title IX has helped bring about more opportunities for women in education. Title IX is, for instance, the reason that colleges must provide a 1:1 ratio of athletic scholarships for male and female athletes, allowing more females the opportunity to compete in college athletics and receive a free or discounted education. It also set up basic protective measures for victims of sexual harassment or assault in schools.
In recent years, however, Democrats have sought to use Title IX as a vehicle to enact their radical social agenda – namely, foisting far-left gender ideology on nearly every school in the country. Instead of adhering to the original definition of “sex” as a protected class, the left has sought to expand it to include “sexual orientation” and “gender identity.”
At first, this change was more subtle in nature. In 2016, for instance, the Obama administration issued a “Dear Colleague” letter that asserted gender identity fell under the category of “sex” in Title IX. The letter was careful to note, however, that the change was only “significant guidance” and did not carry the power of law. But for schools, the message was clear – accept this radical redefinition of “sex,” or expect the flow of grant money to stop.
In March of 2021, President Biden issued an Executive Order entitled “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” which formed the basis of his changes to Title IX. The Order mandates that the Secretary of Education adjust the current rules, regarding sexual discrimination in schools, to include “discrimination on the basis of sexual orientation or gender identity,” going on to make the dubious legal pronouncement that “this guarantee is codified, in part, in Title IX of the Education Amendments of 1972.”
In June, Secretary of Education Miguel Cardona followed through on that order by releasing new regulations that would officially codify sexual orientation and gender identity under Title IX protections. That may sound fine in theory – after all, shouldn’t everyone be protected from discrimination? But in practice, the policy raises a number of serious concerns.
The changes would, for instance, require schools to treat biological males who identify as girls the same as biological females – including allowing them to use female restrooms and locker room facilities. Teachers and students will also presumably be forced to use students’ “preferred pronouns,” rather than those corresponding with a student’s biological sex. On overnight trips, male students identifying as female would be allowed to share rooms with female students, lest the school face a Title IX investigation. The new regulations also pose a serious threat to girls’ sports by mandating that every school now allow biological males to compete against females.
This future for education envisioned by the Biden administration is understandably a nightmare for those not on board with left-wing gender ideology and raises a number of troubling questions for parents. “What if I don’t support the concept of gender fluidity?” a parent might ask. “What if I want my child taught basic male/female biology, and not the left’s re-invention of the term? What if, based on religious beliefs, I want my children to use only “he” pronouns for males and “she” pronouns for females? Will they now be punished for discrimination under Title IX for “misgendering” someone? Will my daughter now be kicked out of college for refusing to room with a biological male who identifies as a female?
For the Biden administration, however, removing parents from the equation is an intentional feature of the new regulations. The proposed amendments change the definition of parent for purposes of discrimination under Title IX, despite Congress taking no such action. In addition to biological parents and stepparents, the Biden administration includes “custodian or guardian, in loco parentis with respect to such person or [someone] actively seeking legal custody, guardianship, visitation, or adoption of such person.” In loco parentis means “in [the] place of a parent” or “instead of a parent.” It refers to the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent. In this case, it is educators and school administrators who may act “in place of the parent” in instances of perceived violations of harassment based on gender identity.
Even now, under the current regulations, educators have repeatedly shown they are eager to push the “gender identity” curriculum without the consent of parents. In Oshkosh, Wisconsin, for example, school administrators announced last year that teachers would no longer inform parents when a student requests to be called by a different name or pronouns than those assigned at birth. Another school district in Fayetteville, Arkansas, recently developed a “gender communication” curriculum that asks each student to develop a “Gender Support Plan” – one which may or may not include parental involvement.
While concerned citizens have shed light on this practice in their local schools, and Arkansas has enacted laws that protect parents’ rights, the Biden administration’s proposed Title IX amendments are written to supersede all state laws. The Biden Department of Education could also withhold federal funding from any state which does not comply with their regulations.
While teachers, administrators, and counselors will be obligated to affirm a child’s preferred gender identity at school, that same obligation does not extend to parents. Thus, your child could be transitioning to a “gender identity” that does not align with their biological sex while at school without parental knowledge. School officials will also now have the authority to report any parent who objects to “gender identity” activities as constituting potential harm to the child by way of a presumption that preventing a student from participating in educational programs or activities consistent with their gender identity subjects the child to harm. It is inevitable, then, that if a parent upholds biological reality and refuses to assist the educators in supporting gender fluidity or identity, the parent can be, and perhaps under the proposed rule must be, reported to child protective services for the presumed harm to the child.
Under cover of a law that was designed to promote female advancement, Biden is paving the way for the destruction of female spaces and protections in education while also trampling parents’ rights to know both what schools are teaching their children and basic information about their kids – like if teachers plan to start referring to their biological son as a girl, or vice versa. Biden’s complete acquiescence to radical gender ideologues when it comes to education policy is yet another example of a president who promised to be a moderate but is instead pursuing the most far-left agenda in American history.
Katharine “Katie” Sullivan was as an Acting Assistant Attorney General and a senior advisor to the White House Domestic Policy Council under President Trump. She previously served 11 years as a state trial court judge in Colorado.
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Worried about education??? Home schooling or on line schooling is awesome. Yes,I know it takes your time but not 9 hours a day. 1 hour in morning before and 1 hour after and 7 hours at school that can’t teach our kids .All have seen the results. Your children are like sponges, soaking up information from people that love and care for them Mom and Dad. It’s easy and once you get a taste of it you will see how smart and fast learners your children really are . We home schooled for 6 years and even the local police dept. asked how it was going due to how smart our kids were observed at community functions. My daughter was asked in public by a local teacher who taught first grade if she knew her ABC’s? My daughter 6 at the time answered” Yes would you like to hear them forward or backwards?? Both and both were said fast and correct .Great teachers exist but they won’t let them teach. Great teachers are sitting at breakfast with your kids . By giving your time you are giving your love and they know it. Take them everywhere “teacher”. They will amaze you.
Another compelling reason to close the Department of education and prohibit the Federal Government from interfering with people’s education.
The only way to end discrimination is to stopdiscriminating. Dah!
I saw Pres. Biden on TV this AM while he was at the NEA convention of teachers . He promised them that he would seek the codification of Roe- v-Wade into law . Why wouold an association of teachers want to hear about the demise of children ? Seems odd to me. Coincidently , last year, the Disney company sought some legality of abortion . Disney , is in the business of entertaining children . So, why would Disney seek the demise of children ? I’ve come to the conclussion that DEMOCRATs have it ALL backwards. No wonder they support ‘gay’ rights . The DEMOCRAT party looks anti American .
Joe Biden suffers from dementia and his administration from strong delusion. The net result is evil for the country, parents and children. God deliver us from this corrupt and destructive leadership.
And that was well known before he ran and won the POTUS election. Explanation?: Rigged election by the DemocRats. USA citizens better start wising up to the DemocRats illegal and unConstitutional rigging of elections …. were way too close to Communistic governance and the trent continues in that direction,
This ideology needs to stop being injected into our schools and culture. Congress should rewrite law to exclude “sex” from the definition and stop this idiotic advance of sodomy and evil.
We must make sure our families and friends are registered and ready to vote, WE MUST VOTE IN RECORD NUMBERS NEVER SEEN BEFORE!
And instigate measures to put a halt two the massive rigging of elections by DemocRats. Constitutional mandate giving term limits to Congress persons, Representatives, amd Executive Deparment heads (FBI, State, IRS, etc.) is really needed.
Another left-wing insane policy! I totally disagree with males in female’s sports and in locker rooms. They are trying to do away with real women! And now they are going to take away parent’s rights. This is all too much. And how will they implement taking away the parent’s rights. And so, if the parent disagrees, they can take your child away. This is crazy! How can they do these things without the parent’s knowledge? Aside from children, I would like to point out my friend who has a dying husband with dementia. She has a Power of Attorney for him and has had to give it several times to medical personnel and when they call her on the phone refuse to talk to her because they do not have the document. Which is a lie because I have taken her and have dropped it off in person or I have emailed it to the insurance company. They have taken all of this too far. They do not honor parent’s rights, nor do they honor marriage!
The only way to stop this madness is vote them out of office in November. Be sure that your choice doesn’t support this ideology.
Biden…or whoever he is…has over stepped authority to enact such diabolical legislation. This is completely contrary to the Word of God and the BIBLE. But stupid is as stupid does. Anyone who votes for a democrat is just as stupid as ‘they’ are. This is the party of death and destruction. What good have they done for America? They have stolen tax dollars from the American workers for their benefit and yet keep playing the same old game of increasing our tax load. When will people wake up and smell the coffee? Vote these ‘rats out of office come election day.
Boy I hope someone with brains does that because Biden can’t put two words together in a sentence that makes any sense!!
This deranged Democrat administration needs to be replaced before they totally ruin our country!
Brandon and team
Are destroying everything
The Federal Government should not even be involved in Education! NOTHING in the Constitution empowers Federal control of our schools – It’s a States Rights issue. The Department of Education (DOE) even says this on their website!
“Please note that in the U.S., the federal role in education is limited. Because of the Tenth Amendment, most education policy is decided at the state and local levels. So, if you have a question about a policy or issue, you may want to check with the relevant organization in your state or school district.”
This is a Federal Department with over 4,400 employees and a $68 Billion budget! How is that limited?
Voting is not enough. We need to change the rules by which Washington DC operates! Check out Article V of our US Constitution and a grassroots effort called Convention of States Action! We are looking to create Amendments that will help drain the swamp and hold politicians accountable!
Article V empowers the States to put forward Amendments bypassing Congress! We want to:
– Impose fiscal restraints on the federal government
– Limit the terms of office for its officials and for members of Congress
– Limit the power and jurisdiction of the federal government
Congress will never fix these issues.
Become informed and engaged consider this movement which is already millions of Americans strong and growing. Consider signing the petition or even volunteering.
===> Important. AMAC supports the Bill of Financial Responsibilities Project which is also looking to call for a Convention of States. Another very worthwhile effort! BOFR addresses just the out of control financial waste – but keep in mind this is how the DOE controls the states! They cannot directly set policy, but they allocate funds for their agenda and withhold monies to force states to adopt these harmful polices.
Get involved with either or both efforts! Get involved in your local schools!
There are societal norms and biological facts that help support our culture – and the two genders are a granite pillar of the cultural foundation. When the agenda of politicians and “needs” of the minority work toward cracking, and likely crushing, that foundational support, we should be scared and must act at the voting booth. Live and let live is a tenet of that foundation also, yet the intense emotional attempts for the minority to fundamentally alter our culture must not prevail.
He already destroyed it along with his pal Soros. I would hide my kids in a cellar before I would send them to one of his “schools.”
Folks- stupid apathetic Americans… -includes parents , voters of all ages and especially young voters who choose to ignore the nasty evil ???? people presently in American WH and Congress NEED to wake up and get the Socialist ,Communist ,Nazi Progressive Radical idiots out of our government. Our country is in serious trouble ! Ignoring the problem will not help any and all Americans!!!!!!!
POTUS is trying to destroy Title IX that liberals want not the rest of the country.
The DNC thinks that they have the women’s vote locked up over the issue of abortion, so they feel confident about stepping all over other women’s rights.
Most women I know are anti-abortion.
Somewhere as a society we need to establish a line. We have gone from man and woman; marriage between husband and wife; then children; family… this was taught and core to what was appropriate. Today we now have not only LGBT but efforts to normalize pedophile perverts by calling them Minor Attracted Person (MAP), normalizing the Man-Boys predators, identify as anything and have sex with anything and if just identifying is not good enough you can take steps to just change your gender… including if you happen to be a child. What is next?
Where do we draw the line…?
We should draw the line right across Biden’s throat but instead of a pencil use a razor! He needs a shave anyway!