Biden Latest Expansion of Transgender “Protections” in Title IX Threatens and Erases Women  

Jordan Estabrook - 24 Apr 2024

Late last week, Biden dismantled the heart of Title IX, which was initially enacted in 1972 to protect women and to provide equal opportunities in education and sports. Essentially a program designed to help WOMEN gain access is undergoing a seismic shift to prioritize transgender individuals, which ironically undermines the amendments’ very nature. Should the interests of biological male collide with the interests of a biological female (think sports opportunities for example), the default now goes to the transgender individual. The one thing that IS biologically female in nature can be found in new demands for more abortion support … no surprise there from this administration. The new rules include the following: 

“Define ‘sex-based harassment’ as a form of sex discrimination that includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, that is quid pro quo harassment, hostile environment harassment, or one of four specific offenses referenced in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act (“Clery Act”) as amended by the Violence Against Women Reauthorization Act of 2013).”  

Title IX of the Education Amendments of 1972, brought forth by former Rep. Patsy Mink (D-HI) and Sen. Birch Bayh (D-IN), initially stated 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.” 

The “basis of sex” does not mean “perceived sex.” We’ve said this before at Students for Life of America (SFLA), and we’ll repeat it: 

The original Title IX offered a simple message with important meaning: do not discriminate based on sex. Title IX was set up to protect women’s unique programs and needs; it allows women to be distinctive, protected, and have a place in society.    

Now, Biden has taken that away and morphed it into a progressive monstrosity. 

The rule’s new language describes how LGBTQI+ people experience harassment and discrimination, though the document ill-defines what that is, and comes to the following conclusion: 

“A number of commenters living in districts or States where local government has discussed or enacted bills that limit the rights of LGBTQI+ people, shared how these actions negatively impact the mental well-being and academic experience of LGBTQI+ students.”  

Much to our dismay, SFLA saw this coming and has written extensively about Title IX’s original intent, how it can be used to protect women, and how Biden’s bent on redefining sex and disregarding women’s uniqueness and need for care and protection. 

Overview of Title IX  

We recently wrote an article entitled “The Tragic Irony of Redefining Title IX: Fewer Protections for Women,” where we discuss five key points: 

  • Why Title IX Matters  
  • What the Public Thinks 
  • What the Biden Administration Says 
  • What The Court Says 
  • The Big Picture for Title IX 

“President Biden and his proxies are reinterpreting the definition of discrimination on the basis of sex to include gender identity and sexual orientation,” wrote Caroline Wharton, SFLA writer and specialist. “The reason Title IX was implemented.”  

The outrage was center stage in the media. Former Secretary of Education, Betsy DeVos, wrote in the New York Post that “It will leave biological women at a permanent competitive disadvantage.”  

“How can I continue to teach this … when, quite literally, average boys can change their identity and beat the top female in the competition?” said Cynthia Monteleone, a world champion sprinter and girls’ track coach to The Washington Post

Justice Gorsuch’s opinion has been criticized in the Bostock v. Clayton case, in which he wrote the majority opinion about Title VII, which is seen as the “employment” version of Title IX. Alito and Thomas argued that the word “sex” cannot be read to include “sexual orientation” or “gender identity.”

Alito and Thomas are correct.

Discriminating Against Women (And Men) For Knowing What a Woman Is  

Riley Gaines and Paula Scanlan wrote a powerful Fox News op-ed calling Biden’s Title IX dismantling as “discrimination against women through the backdoor,” further stating, “We’re not looking for sympathy with our stories, we’re looking for action. President Biden has proposed changing Title IX to allow men who identify as women to participate in and destroy the integrity of women’s sports. Not only is this widely unfair, it is discrimination on the basis of sex. Enough is enough.”  

So many stories describe common sense and respect for women being punished by gender advocates. A chilling tale from Wisconsin where three middle school boys were charged with sexual harassment complaints over not using a classmate’s preferred pronouns should make the hairs on our backs stand up. 

What Does Title IX Have to Do with Abortion?  

Dismantling Title IX’s original purpose, as Biden has done, is a gateway to fewer protections for women in sex-segregating spaces, like locker rooms and sports. This would also endanger young children who enter these locker rooms. 

Furthermore, destroying Title IX is a direct statement against women’s uniqueness and need for care, especially when it comes to abortion. Also, when words like “discrimination” are used to punish someone for speaking the truth, it stops meaningful conversations and prevents the truth from being shared, as well as violating free speech. The same for abortion —it’s not discrimination to say abortion kills an innocent human being. It’s the truth, and it should be spoken as Americans protected by the first amendment. 

Biden’s Title IX infringes on biological women’s rights, including free speech rights, sacrificing women’s opportunity, safety, and privacy for a woke agenda. Tragically defining a biological woman’s unique needs as abortion ignores the humanity of preborn infants, girls included, and sells women short.  

 But make no mistake, this chaos and belligerence is done on purpose.  

LEARN MORE ABOUT THE LIFE-SAVING, HELPFUL USES OF TITLE IX HERE: Why Standing With You Supports the Pregnant Students Rights Act 

READ NEXT: Female Athletes Don’t NEED Abortion, says Students for Life of America, But They Need to Know their Rights and Resources

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