Biden’s Title IX Protects Biological Males in Female Sports and Spaces
We no longer need Title IX. Females no longer matter.
President Joe Biden and his administration decided not to change anything in Title IX to protect female sports and spaces.
(I hope I got everything, and this all makes sense. It’s over 1500 pages long, and I didn’t want to water it down for you like other organizations!)
We have gender identity, sexual orientation, and sex characteristics.
The Department refused to provide a narrow definition of “sex” “to avoid overbroad application of a prohibition on discrimination based on sex stereotypes.”
Sex is either male or female.
But without defining sex or using the actual definition of sex, the Department of Education can use sex and “gender identity” in the same ways.
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.https://t.co/Xf70v3axOp pic.twitter.com/TnRUz2mG0K
— Secretary Miguel Cardona (@SecCardona) April 19, 2024
I’m U.S. Secretary of Education Miguel Cardona. Today, I am proud to advance the Department of Education’s work to clarify and build upon the legacy of Title IX. For more than 50 years, Title IX has opened doors for generations of girls and women. This landmark civil rights law promises that no person should experience sex discrimination, sex-based harassment, or sexual violence in federally funded education. The final Title IX regulations we’re announcing today advance that promise. These regulations make crystal clear that all our nation’s students, no matter where they live or who they are, can access schools and are safe, welcoming and respect their rights. The final regulation strengthens and restores vital protections against sex discrimination, including sexual harassment. It also protects students against discrimination based on pregnancy or related-conditions, sexual orientation, and gender identity. Today’s announcement is the result of a long rulemaking process, including input from many stakeholders through the first ever national public hearing on Title IX and more than 240,000 comments, including comments from students, from teachers, school administrators, advocates, parents, and other leaders. And I’m so proud of the department’s work to continue making good on our country’s promise of equity and opportunity for all students. You can learn more about the final regulations ED.gov. Thank you.
The absolute NERVE of this man is to bring up girls and women when the new rules completely erase them.
I’m also not shocked that the administration uses “cis” to describe females and males. I’m not a “cis.” I’m a freaking FEMALE.
Okay, let’s dissect this nonsense that essentially erases females.
Let’s say the quiet part out loud: This is all about males in female sports and spaces. A little itty bitty tiny bit involves females in male sports and space.
Overall, Biden’s Department of Education found de minimis (very trifling or of little importance) harm toward females when allowing males in female sports and spaces.
Protection for Sexual Orientation and Gender Identity
This section starts on page 1228.
§ 106.10 provides the process for issuing rules.
The Department thinks including “gender identity in § 106.10 will improve consistency between Title IX and the nondiscrimination laws of some States and the policies of many recipients.”
The lack of self-awareness. The Department feels that adding these protections does not harm women or girls.
I hate how they group gays and lesbians with these people: “Further, discrimination based on sexual orientation or gender identity is typically motivated by the same sex stereotypes that limit opportunities for women regardless of whether they identify as LGBTQI+.”
The Department denounced any laws or rules that exclude males from female sports, filing them under “Title IX’s prohibitions on sex discrimination.”
Gender Identity
Page 1234!
The Department won’t define “gender identity” because officials do not think the term is “too vague, subjective, or overbroad” to include in Title IX.
The officials understand “gender identity to describe an individual’s sense of their gender, which may or may not be different from their sex assigned at birth.”
You are not assigned a sex at birth. You are born a female or male. In rare cases, XXY, but that is still male/female!
Then again, they cannot define female.
The Department considers you a phobe of some sort if you don’t use a person’s preferred pronouns or keep them from a female sport: “To comply with the prohibition on gender identity discrimination, a recipient must not treat individuals more or less favorably based on their gender identity and, as described in more detail in the discussion of § 106.31(a)(2), generally may not prevent a person from participating in its education program or activity consistent with the person’s gender identity.”
You know why? Because apparently telling a person their actual sex, “‘sex’ is, at least in part, a basis for that discrimination.”
The Department of Education “also disagrees that ‘sex’ must be defined narrowly to avoid overbroad application of a prohibition on discrimination based on sex stereotypes.”
As I said before, the department can claim sex and “gender identity” are the same thing.
Biden’s Admin Thinks Males Can Be Females
Page 1267!
No definition of sex leads us to the next section where the Department of Education admits it thinks males can be females.
Page 1267: “The Department disagrees with commenters who assert that § 106.31(a)(2)’s articulation of a recipient’s nondiscrimination obligation with respect to gender identity is inconsistent with Title IX.”
§ 106.31(a)(2) (EMPHASIS MINE): General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance. This subpart does not apply to actions of a recipient in connection with admission of its students to an education program or activity of…an entity, not a recipient, to which subpart C would not apply if the entity were a recipient.
Page 1274: Single-Sex Places
The Department of Education buried the provision in its new regulations on page 1263: Participation Consistent with Gender Identity.
The entire section is on pages 1263 to 1278.
The Department of Education finds no problems with males using female bathrooms, locker rooms, and other female-only spaces.
The Department does not agree with commenters who alleged there is evidence that transgender students pose a safety risk to cisgender students, or that the mere presence of a transgender person in a single sex space compromises anyone’s legitimate privacy interest. In many cases, Federal courts have rejected claims that treating students consistent with their gender identity necessarily harms cisgender students in violation of Title IX.
Loudoun County, anyone? Not only did a male sexually assault a girl in a female bathroom, but the school board wanted to make all bathrooms gender-neutral.
How about the male who gazed at a female’s breasts in a locker room? Oh, yeah. He’s the same male athlete who injured three female basketball players during a game.
A New Mexico girl claimed a boy raped her in a girl’s bathroom at school when she was only 12.
This one: Edmond parent files lawsuit after daughter ‘severely beaten’ in bathroom by trans student
This one: Transgender sexual assault claims at Brevard Public Schools could bring new state rules
Use a Separate Space
Page 1275!
A female doesn’t want to share the space with a male? Then use another facility:
The Department also appreciates the opportunity to clarify that nothing in Title IX or the final regulations prevents a recipient from offering single-occupancy facilities, among other accommodations, to any students who seek additional privacy for any reason. The Department agrees with commenters that access to gender-neutral or single-occupancy facilities may be helpful for accommodating students who do not want to use shared sex-separate facilities. The Department declines the suggestion to require that recipients provide gender-neutral or singleoccupancy facilities because such facilities are not the only way a recipient could provide nondiscriminatory access to its facilities. In addition, the proposal would likely carry significant cost implications and it would be appropriate to seek public comment on this issue before making any such changes.
Single-Sex Classes and Activities
Page 1277!
The Department of Education decided not to adopt the Eleventh Circuit’s reasoning in Adams v. School Board of St. Johns County, Florida. This is one of the few cases where a female tried to use a male restroom.
The Court ruled that preventing a female from using the male restroom did not violate Title IX because “’sex’ as used in Title IX can only refer to ‘biology and reproductive function,’ not gender identity, 57 F.4th at 812 15, and that restrooms are covered by a statutory provision permitting a recipient to maintain ‘separate living facilities for the different sexes.'”
The Department has a problem with the Court using the proper definition of sex: “In particular, contrary to the reasoning in Adams, even if ‘sex’ under Title IX were to mean only sex assigned at birth, Title IX’s ‘living facilities’ provision, does not permit a recipient to subject a person to more than de minimis harm on that basis in any context except living facilities.”
“Sex” means male or female. This is not hard!
Living Spaces
Page 1272!
Yup. The Department of Education says males can live in female-only housing:
With respect to commenters’ questions about whether § 106.31(a)(2) prohibits a recipient from excluding students from sex separate housing consistent with their gender identity, it does not, because of the express carve-out for sex-separate living facilities under 20 U.S.C. 1686. But that is the extent of the reach of 20 U.S.C. 1686, and nothing in the statute or final regulations precludes a recipient from voluntarily choosing to adopt policies that enable transgender students to access sex separate housing consistent with their gender identity.
What does 20 U.S.C. 1686 say? This: “Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.”
So, maintaining separate living spaces is required. No males with females.
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Comments
Women under 30 vote overwhelmingly leftist. They have no right to complain.
BINGO!!!
You are an idiot. Obviously you have decided not to have any children, which is probably good for all of us and the US. If you did happen to have a daughter, I hope she disowned you a long time ago, and changed her life for the better. You need to crawl back under your misogynist rock from which you came. Your daughter, if you have one, will thank you for this.
Or maybe he has a daughter and both of them are too smart to accept “education” from fleshpots that follow these ridiculous rules.
Yet, other that for brave women like Riley Gaines, I hear no protests. Why is that?
Could it be intimidation by big, burly trans”women”?
It’s that, or they approve. And silence is tacit approval.
Peer pressure. They don’t want to be called mean names.
Well, ladies, stand for something or fall for anything.
You can take a feminist, deprive her of education and job opportunities, degrade and humiliate her, rape her brains out and beat her within an inch of her life – and as long as she can have as many abortions as she wants she won’t care.
That is why feminists will be subservient and submissive in this case. Thou must love, honor and (above all) OBEY thy male master and abortion provider in the White House!
When you see demonstrations in support of Hamas and Iran that are largely comprised of females <30, it's difficult to reach any conclusion other than the one you've stated. Iran has roving gangs of men called 'morality police' who are empowered to beat women who aren't covered. And yet, extremely liberal (significantly WHITE) women are the strongest non-Muslim supporters of Iran. It's insane.
And … they vote.
And they all expect the government to be their sugar daddy. Well, “daddy” is going to dictate the terms of the arrangement.
You are a disgusting misogynist. Obviously your mother never loved you. i feel sorry for you. This must have been hard for you. But don’t take it out on all women.
Can’t handle the truth. Gonna stand there with your ears blocked and your eyes covered?? Because that is what is happening, and YOU ignore it and attack us for seeing it??
I can’t understand why all this nonsense is not challenged in court and ended as a direct violation of the First Amendment.
For example, imposing the use of so called “preferred pronouns” is, at a minimum and without a doubt, compelled speech.
And that’s just at a minimum.
How does it violate the first amendment? Nobody is required to use “preferred pronouns” (unless they are speaking on behalf of their employer, in which case they have no first amendment rights).
Jordan Peterson might have something to say on that.
Jordan Peterson is not in the USA. If he were his persecutors couldn’t get away with it.
I think you’ll find that part of your “nobody” would include other students at these institution who I guarantee you WILL be punished for not playing the pronoun game. When you can be punished for not calling an obviously male person “she”, that’ is a first amendment violation because that is compelled speech.
Only at government institutions, and at such institutions you can sue if you care enough about it, and you’re sure to win.
For Democrats, the only important issue for women is to be able to kill the unborn babies. Outside of that, they don’t give a damn about women.
They believe The Handmaid’s Tale is real and having an abortion is a blow against the sinister Patriarchy.
We have to realize that there is no judicial or legislative means of protecting females from having to compete against male [always at a disadvantage] in our Woke, Leftist country. The only alternative is for females to refrain from competing in any organized sports here. Eventually the lack of participants will kill the sport and if we are ever a free country again things can be restarted.
Subotai Bahadur
I disagree! Women refraining gives victory to the whackos and hurt themselves. they need to vote Trump 2024
I can tell you that if there are males on any of the teams that my daughter’s might compete against in any league, they won’t be competing because there’s too much potential for injury. I won’t have them damaged for life because some sicko decided that they wanted an unfair advantage.
Yeah, talk is cheap. You talk the talk, but you don’t walk the walk. What the hell have you ever done yourself? Absolutely nothing!!
Put down the vodka.
It’s a Shirley Temple. Dirty.
Did you mean like withdrawing my children from the public school system and taking on their education as my personal responsibility? DONE. My children don’t go to the daily government indoctrination center, and we do talk to them in terms they can understand about current issues. Not always easy as the girls are still 6 and 7 years old, so it does require being a bit selective. However, they do still participate in things like summer sports leagues and we do keep a wary eye.
Yes of course vote Trump
But don’t compete against makes
It’s always one or two let them compete against each other
Form organizations for girls only, take no fed money
Possible but costly. What fields or facilities will these new leagues use? Existing publicly financed facilities probably have some nexus to Federal funding.
IMO the better short term course here is to have Congress vote to apply the same rule set to their facilities so that all these super woke female members of Congress who cheer this crap can get their own dose. So all bathrooms, showers, locker rooms and so on throughout any Legislative Branch facility are now free game for all irrespective of sex or ‘gender identity’.
There are plenty of folds and facilities and Godly people will provide
gonzotx,
Ok. Please keep us up to date on the funding donations and the build out of new facilities with zero nexus to any govt funding to support the new leagues you predict. What will happen when Muslims and other non Christians who also strongly disagree with the ‘tranny’ nonsense try to sign their kids up? Will these new sport leagues that prohibit tyranny welcome these non Christian athletes who simply want to compete in the sport they love against the fair competition of their biological sex?
They are allowed to use facilities they pay for.
That is why parochial schools can use school buses and facilities of town/cities they are in.
Dimsdale,
Yes indeed and so can the trannies who will want to participate in the sports event on the existing public fields or facility. Refusing to allow the trannies into your new league that conducts events at/on publicly funded facilities and fields is inviting a lawsuit.
Thus building out new fields and facilities to support the new league with purely private funding is the best way to preclude any potential nexus with govt funds and the govt imposed rules/laws which accompany those govt funds.
I agree that we have to vote Trump in November, IF we have a real election. However, other than that there is no way to fight the enemy. The Democrats in Congress will not protect females and ignore what the people want. The Republicans there are proving that they are desperate to do anything to betray their own supposed base in order to let the Democrats win; especially if defeating the Democrats would keep a promise to their base.
The courts are the source of this mess, and they will not rule against the Left or reverse themselves so soon after setting a precedent. Indeed, the whole concept of rule of law is shaky at best and has been for at least 3 years. The only way to affect the Leftists is for female athletes not to participate against males and let school sports turn into a tranny -v- tranny fiasco. Which would cause them to collapse. Then we can start over.
Subotai Bahadur
Your suggestion is the only response that can make the change back to normalcy. If real women refuse to take part in a contest with trannies that will eventually end this nonsense. Some states have already passed laws forbidding biological males from competing against females. How anyone with a daughter could be for this is hard to believe. This might undo a lot of female abortion votes, especially for those who are moms.
Great. So to protect women’s sports we are going to have to redefine sports as specifical “open only to persons born with penises, regardless of gender” and “open to persons born with vaginas, regardless of gender..” And we are still going to have to fight legal battles.
Some battles are worth fighting for
The answer is quite simple. If you are female do not participate because you will not get a Fair competition. And if you are male do not interact with women because if you do Do not interact with women because if you are accused you will not get not interact with women because if you are accused you will not get a Fair hearing.
Damn I wish I knew why my phone decides to double-entry like that when I try to talk into it rather than the irritating typing on the touchscreen.
The answer is quite simple. If you are female, do not participate because you will not receive a fair competition. If you are male, to not interact with females because if you are accused you will not receive fair and due process.
“You are not assigned a sex at birth. You are born a female or male.”
A baby is observed at birth and it is noted on the birth certificate as male or female.
A is baby “assigned” at birth because mommy wanted a vagina and gave birth to a penis. Baby is now assigned female.
This is gobsmacking to me. This rules protect an infinitesimal number of deluded men while destroying and erasing so many women.
It will be interesting to see what the all women’s colleges do now.
Title IX was completely un-Constitutional idiocy, to begin with. The whole purpose of Title IX was to destroy men’s sports.
How so? Serious question. Men’s sports seem to be thriving.
Not at the collegiate level. Lots of men’s sports teams and programs had to be disbanded because the university couldn’t offer a matching program for women – even if it was usually the case that women just weren’t interested in most of the sports and couldn’t field teams if they tried.
The idea behind much of Title IX – that men and women must be treated equally, no matter what – because there are no real differences between men and women, is completely insane and the federal government has no business mucking around in that area, to begin with. It is not a “civil rights” issue that a college wants to have a men’s basketball team but has no interest in a women’s basketball team, say. There are thousands of colleges. Women can pick colleges that offer the teams they want, or they can accept the fact that men and women have different opportunities open to them because of the differences between men and women and because of the differences in taste that people have regarding attending men’s and women’s events.
Title IX is a lot of un-Constitutional crap, like almost all “civil rights” legislation. Private property rights is where most individual liberties come from and respect for property rights is what leads to broader civil rights. But the feral government chooses, instead, to stomp all over private property rights and force association and labor in order to force so-called “civil rights” that are anything but.
Title IX would not be unlike legislation that forced stores to carry equal amounts of right-handed and left-handed merchandise, for anything that has such an orientation, and to have equal amounts of right and left-handed merchandise in stock at any moment in every store. It makes pretend that there’s no difference between being right-handed and being left-handed and forces all commerce to create the illusion that that is true. But it isn’t true and we all know it. There is no qualitative difference between left-handed and being right-handed but humanity is, across the board, about 90% right-handed, That is just reality. Evolution chose. To try and make pretend that it isn’t true is insane, stupid, and destructive. That is what Title IX is.
You make some interesting points, I say this as a left-handed birthing person.
I am left-handed also, and have had to deal with people who wanted to change what I was assigned at birth.
Primordial is right, except that I don’t think it’s unconstitutional. It’s just really bad policy.
One of the few faults I found with Sarah Palin was her championing of Title 9.
“Equal protection” falls apart when the word “equal” has lost its meaning.
It’s garbage, but it wasn’t found unconstitutional. In fact, I believe the legislative text of Title IX does not call for equal funding and equal numbers of teams. That’s a court decision, coming from presumably SCOTUS! SCOTUS is no longer so far-left, and maybe someday they’ll overrule themselves on that question. The majority of the social agendas of the past 50 years come not from the legislature but from SCOTUS i.e. unassailable dictators. They plunged us into one great confusion after another.
I don’t think it came from any court, it almost certainly came from the Education Department, which is authorized by statute to make the rules, subject to the APA.
You clearly are not a woman and have no idea what it was like to be an athletic girl before title 9
Go to hell
Hey, if you love the federal government stomping all over actual civil rights in order to force colleges to provide teams for you … then good for you. Title IX is an abomination. You should know that and acknowledge it, whether you like the results of it or not.
Colleges are not built to make life good for athletic girls. In fact, athletics are really supposed to be nothing but side issues in college. You can always join some private group if the college doesn’t happen to offer a female football team for you to play on. But you would rather that the federal government wield its power (and then some, since it steps way out of line to force Title IX on schools) so you can have a team to play on that no one wants.
Lovely.
Clearly you are talking out of your butt.
Women’s sports have done so much for women , it’s not just tied to money , clearly.
Men hate it that instead of 120 scholarships for football, they get 80. Cry me a river. Many scholarships were given to students just to keep them off other teams, little intention of getting number 105 ever to play.
Have you looked at the number of coaches on a football team? Get a life. Men’s sports are doing well
It’s taken 4 decades for women’s sports to have the caliber of athlete that men have been able to cultivate just because there was no foundation. Look at the Caliber of women’s NCAA women’s basketball just in the last decade. Yes, Carlin made it exciting, but she wasn’t alone, and your wrong, it’s not just one or 2 women’s basketball teams anymore selling tickets, UConn, LSU, Baylor, SC, Tennessee..
Many more.
The foundation has been set, now the trans and old football want to be’s will be thrilled to see it destroyed.
No we are not a big, as strong or a fast, but as Carlin and others have shown, we can produce a product peope want to see, and they did by the millions, even big time mens players were in awe of the women this year
So yes, go suck an egg
Gonzotx,
It’s 85 scholarships for Football not 80 and that’s down from the initial limit of 120 decades ago. The reduction is primarily driven by lower tier ‘D1’ programs simply not having the revenue generation to fund those 35 scholarships for football when Title 9 required equivalent scholarships for female sports to male sports.
Football and Men’s Basketball pay the bills of the athletic department. As an example the University of Alabama revenue last year for the Athletic Dept was $46 million from football and about $7.5 million from Mens Basketball. Every other sport lost money. That includes Mens Baseball which usually breaks even (+/-) and very competitive Women’s Softball and a top tier Women’s Gymnastics program. These sports just don’t generate the revenue to support themselves, not even close, though if more advocates for these female athletes would purchase season tickets, attend the games, pay to park, buy hotdogs/Cokes and purchase jerseys then their revenue would vastly increase. Until that level of commitment is delivered by their advocates these other currently revenue losing sports, both Men’s and Women’s, will continue to lose money.
The implementation of Title 9 did in fact lead to many mens teams being eliminated and that was NOT a net positive. IMO we should as a society want to have lots of athletes of all sorts of different sports and yes female teams as well. The issue is funding at the University level and the complete intransigence of feminists in regards to excluding football from the numbers.
There’s only so much money and the sports that make money are Football, Mens Basketball. In a few places Mens Baseball generates a very small amount of revenue. Pretty much every other sport loses money as does every female sport/team with maybe U Conn Women’s Basketball as the exception. Exceptions exist for a season or two or three; probably Iowa Women’s Basketball with Caitlin Clark but next year will they be in the black? How about three years from now? Unlikely but even if they pulp it off they are still every much the exception to the norm.
Instead of elevating women’s sports to the table the implementation of Title 9 largely destroyed non revenue producing Men’s sports. Money talks and BS walks and the appetite to fund athletic scholarships for non revenue producing Men’s sports just isn’t there. Go look at nearly any Univ athletic dept and count how many women v men are on athletic scholarships outside the revenue producing sports of football and Men’s Basketball and look up what teams they used to have and you can see for yourself.
Can a parent claim several dependents on their tax forms for a gender fluid child?
Keep voting Democrat. Idiots.
No. It’s still one child, regardless of what it thinks it is at any given moment. Even when it identifies as a cat, it’s still just one dependent.
You can’t take a tax deduction for pets.
It’s not a pet; whatever its species, you are literally or legally its parent.
Whatever harm real girls sustain from having “trans-girls” allowed into their spaces, the incident in Loudoun County does not prove it. The school did not allow trans-girls into the bathroom, the assailant was not a trans-girl, and was not there posing as a girl in any way. He has been reported as occasionally wearing skirts, but that is completely irrelevant to the story. Nor was his victims some random girl he attacked because he had access to her bathroom. She was his girlfriend, and he was there because that was their regular place for having sex. On this occasion she decided she wasn’t in the mood, and he didn’t take “no” for an answer. That’s all. It could just as easily have happened anywhere else. So it shouldn’t be brought up in the context of this topic.
Really? Because if this is the one I’m recalling, that same sicko was NOT punished and then was moved to a different school where he proceeded to rape a different girl in a bathroom.
He was arrested, charged, and convicted. He got probation only because his victim’s mother asked the judge not to imprison him.
He was also moved to a different school, where he assaulted (but did not rape) a different girl, but not in a bathroom, of any description.
No, that is precisely what it does not say. The department is 100% correct in saying that while § 106.31(a)(2) does not prohibit “a recipient from excluding students from sex separate housing consistent with their gender identity”, “nothing in the statute or final regulations precludes a recipient from voluntarily choosing to adopt policies that enable transgender students to access sex separate housing consistent with their gender identity”. It’s entirely up to the recipient.
As I wrote as a comment to Mary’s post about WV and the 4th Circuit, this isn’t about sports. It is about our society and our civilization. Sports are a side show.
If the communists do not win, one day there will be hell to pay. Let’s hope the communists do not win. Right now they are.