Tell President Biden to leave Title IX alone – it’s been working as congress intended for fifty years!


President Biden’s Department of Education (D.Ed.) wants to expand Title IX to include LGBTQI+ (which includes transgender) students.

Tell President Biden to leave Title IX alone—it has been working as congress intended for 50 years!

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As it stands now, Title IX protects students and school employees from discriminating “on the basis of sex” in schools and universities receiving federal funds (that is, virtually all schools and higher-education institutions). Congress passed it in 1972 to ensure that girls and women had access to the same educational opportunities and programs as boys and men. Fifty years later, it has been an unqualified success. Biden’s proposal would destroy that legacy.

The Problem:

The proposal to expand Title IX to include LGBTQI+ students would require schools to allow participation in programs and facilities that are consistent with a person’s gender identity. (The issue of transgender students’ participation on a particular male or female athletics team will be addressed in a future proposal.)

This means that schools would have to open women’s/girls’ bathrooms and other facilities to individuals just because they claim to be female.

This sacrifices the safety and privacy of women and girls to carry out a “woke” policy agenda.

The proposal would dramatically expand what conduct is prohibited. Not using someone’s “preferred pronouns” or making an innocent comment that happens to offend someone could be considered “harassment.” To avoid losing federal funding, schools will interpret this prohibition very broadly–running afoul of the First Amendment and chilling interactions among students and employees.

The proposal also undoes the Trump administration’s Title IX due process requirements for students and employees accused of sexual assault or harassment.

  • Under the Biden administration’s proposal, those accused would not have the right to a live hearing and cross-examination of witnesses.
  • The proposal would also allow a single person to both investigate and adjudicate the allegations of sexual assault or harassment–that is, act as both prosecutor and judge.

Only Congress–elected to represent the people–can make such sweeping policy determinations involving such sensitive issues and trade-offs. Unless and until Congress acts, the Biden administration should leave Title IX alone.