CALL TO ACTION: Leave a comment on Biden’s Title IX Policy Proposal
Prohibiting bans on transgender students from participating in sports teams based on their gender identity instead of biological sex.
This is out of my regularly scheduled posts, but there is an important issue that I wanted to bring to your attention and that needs your action.
For some time now, the Biden administration has stated its intentions to gut Title IX in what they claim is an effort to expand it and make it more “inclusive.”
The first proposed regulation has just come out, and this will just be part of a series of regulations to amend Title IX to include "gender identity" in the definition of sex discrimination in education programs.
Biden’s Title IX Policy Proposal
The Department of Education proposed a new policy on April 6, 2023, that would prohibit bans on transgender students from participating in sports teams based on their gender identity instead of biological sex. This would significantly restrict individual states from passing legislation on the issue of biological men who identify as women in playing women’s sports.
There may be some exclusions for competitive high school and college athletic environments in an alleged effort to ensure fairness in competition and prevent sports-related injury.
This exception is an acknowledgment that biological men and women are different even after HRT, especially if the biological male went through puberty before transitioning. This exception is just a weak attempt to ride the fence.
The regulation would apply to K-12 public schools, colleges, universities, and federally funded institutions. The proposed regulation challenges laws in 20 states that argue allowing biological males to compete in female sports could impact fairness in competition.
The proposed regulation is part of a series of regulations to amend Title IX to include "gender identity" in the definition of sex discrimination in education programs.
The proposed rule is currently open for comment until May 15, 2023.
Commenting on a proposed rule means providing feedback or expressing your opinion on a proposed regulation or policy change issued by a government agency, such as the Department of Education. When a proposed rule is issued, the agency typically opens up a public comment period to allow interested parties and members of the public to provide feedback on the proposal.
Submitting a comment is a way to make your voice heard and provide input into the rulemaking process. Comments are used by the agency to revise or improve the proposed rule or to inform their decision-making process. They can be submitted by anyone, including individuals, organizations, and businesses.
I encourage you to review the rule and leave a comment. Then share this with a friend or message a friend so they can also comment.
Transgender activists also oppose this rule but for a different reason. They oppose any caveats that would allow any transgender athlete to be excluded from participating in athletics that matches their gender identity. They activated to organize and leave a comment opposing ANY exceptions. Lia Thomas recently released a video encouraging transgender activists to leave a comment.
The exceptions may sound reasonable to some. However, this will require schools to operate on a case-by-case basis. Administrators will very likely be hesitant to make difficult or unpopular decisions when they cannot defer to a policy. Leaving administrators to determine what and when “fairness” has to be considered will essentially make every school administration a defacto lawyer.