On Friday, the Biden administration finalized a new rewrite of Title IX rules to include sexual orientation and gender identity as protected classes. The change could open up colleges and universities that receive federal funding to lawsuits if they refuse to allow male students who identify as females to access women's locker rooms or to compete against women in sports.
The Biden administration initially attempted to propose a rule that would have forced federally funded institutions to allow men who identify as female to compete in women's sports, but the Biden administration reversed course after considerable backlash and the upcoming 2024 election. The Title IX changes were made amid considerable scrutiny, with hundreds of thousands of comments from the public being considered.
"I never thought I'd see the day where Title IX would be used to harm women, but sadly, that day has come," former Trump Education Secretary Betsy DeVos wrote on X. "The Biden Administration's radical rewrite of Title IX guts the half-century of protections and opportunities for women and callously replaces them with radical gender theory, as Biden's far-left political base demanded."
"This regulation is an assault on women and girls. It makes it a federal requirement that boys be allowed in girls' bathrooms in elementary schools. It makes it a federal requirement that men be allowed to play women's sports, putting their safety, privacy, and competitive opportunity at risk. And it makes it a federal requirement that feelings, not facts, dictate how Title IX is enforced," she explained, adding that the new rule rolled back due process protections for those accused of sexual assault. "Importantly, this regulation also seeks to u-turn to the bad old days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice."
Women's sports activist Riley Gaines explained that the new rules could force universities to give men academic scholarships from women, allow men to be housed in female dorms, mandate that men have full access to women's locker rooms, and force staff and students to comply with preferred pronouns. "If the guidelines above are ignored or even questioned, then YOU can be charged with harassment," Gaines explained.
Biden's Education Secretary Miguel Cardona argued that the new rules advance the initial intent of Title IX, writing on X, "For over 50 years Title IX has opened doors for girls and women. The final regulations we released today strengthen vital protections against sex discrimination, including sexual harassment, discrimination based on pregnancy, and related conditions."
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