On the 50th anniversary of Title IX, the Biden administration is looking to dramatically redefine it. Supporters say it's about expanding rights for students, but critics charge it will destroy girls' and women's sports, privacy, and more.
The 1972 federal law protects students from sex discrimination in education programs and activities that receive federal monies.
The Department of Education plans to issue new rules revising Title IX this month, and the Washington Post reports that it will include wording that defines discrimination on the basis of sex to include sex stereotypes, sexual orientation, and gender identity.
Sarah Parshall Perry, a legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at the Heritage Foundation, says the ripple effects of the proposed change will be profound.
"It's not only going to eliminate athletic opportunities for young girls and women," she said, "it's going to eliminate their sense of safety, security and privacy."
Perry notes that if gender identity is protected, the law will allow any boy or man who identifies as female to compete against girls and women in sports and enter their locker rooms and bathrooms as well.
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Not only Perry but other conservative legal scholars and even some feminists point to NCAA swimmer Lia Thomas, formerly Will Thomas, who became a national champion in his first season competing against women. They fear that empowering other biologically male athletes to compete against women will destroy women's sports.
Former education secretary Betsy DeVos argues that such a change should not be led by the White House but by Congress. In a New York Post op-ed she noted, "Congress has not acted, which is how our system of government requires such changes to be made."
But President Biden is firmly committed to protecting anyone who says they're changing their gender. On his first day in office, he signed an executive order charging federal agencies to review regulations that prohibit sex discrimination, calling on them to redefine sex to include sexual orientation and gender identity.
It's why Health and Human Services is also working to redefine "sex". Last week HHS Secretary Xavier Becerra said the department is releasing guidance that will make it illegal to deny health care based on gender identity.
The Catholic News Agency reports there's great concern that forthcoming HHS regulations will put Catholic hospitals out of business. It cites information from the Catholic Benefits Association which believes that the new regulations will require healthcare providers to perform surgical abortions and transgender surgeries with no religious exemptions.
The Education Department plans to publish its new rules this month. A 30 or 60-day public comment period will follow and the rules could be finalized this fall.
A legal battle will no doubt ensue. Fox News reports that 15 state attorneys general have already warned of legal action against the department, worried about how it might revise Title IX.
"We are prepared to take legal action to uphold Title IX's plain meaning and safeguard the integrity of women's sports," said Montana Attorney General Austin Knudsen.
More than a dozen states have passed legislation protecting women's sports against men who identify as female.
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