Penna Dexter

Because of a new rule the Biden-Harris administration issued last spring, students in nearly half the states face some disturbing changes as they return to their schools and colleges. The rule is the result of a rewrite of Title IX of the Education Amendments, enacted in 1972 specifically to protect women and girls. Title IX forbids discrimination on the basis of sex in any federally funded education program. The new rule expands the definition of sex to include gender identity.

Title IX was a hard-won feminist goal that has resulted in groundbreaking opportunities and protections for women.

In issuing the rewrite, U.S. Secretary of Education Miguel Cardona stated, “For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools, free from sex discrimination.”

With the stroke of a pen, the president erased this progress.

Attorney Sarah Parshall Perry is the Heritage Foundation’s expert in Title IX. She explains that “In over half the nation, girls and women will no longer have any sex-separated bathrooms, locker rooms, housing accommodations, or other educational programs.” Despite disclaimers, Sarah Perry says “Women’s sports are likely on the chopping block too.”

On August 1, the new Biden rule went into effect with no celebratory statement from the White House. Perhaps the administration didn’t want to call attention to the rule’s unpopularity. Twenty-six states and several membership organizations and individual plaintiffs filed a total of 10 lawsuits against the new rule. The lawsuits describe the administration’s action as illegal, unconstitutional, and “arbitrary and capricious” under the Administrative Procedure Act.

Sarah Perry says “Ultimately, the bulk of the litigation over the Title IX rule seems destined for resolution by the U.S. Supreme Court.” Meanwhile, in most of the lawsuits, the new rule is temporarily enjoined from taking effect. There’s going to be some uncertainty out there. Hopefully the Court stops this nonsense.