Biden Attacks Women’s Equality
Democrats bow to their transactivist overlords, attempting to undo decades of progress for women’s equality. Conservative states fight back.
President Nixon signed Title IX of the Civil Rights Act into law in 1972, safeguarding women’s equality. The purpose was to protect females who were not receiving equal access to educational and athletic opportunities. Title IX contains simple language:
No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
The executive branch is trying to create law. This usurps congressional authority, bypassing lawmakers with unelected bureaucrats. The published report on changes to Title IX is over 2000 pages long but it can be summed up simply—Joe Biden wants to change the definition of “sex” to mean whatever a person decides they want to be. No longer must a male have a penis, nor a woman a vagina. Democrats—the party of “follow the science”—believe that anatomy doesn’t define a person’s sex. Biden wants to erase biological sex in favor of the made-up, anti-science phrase “gender identity.”
Congress has refused to change Title IX to include gender identity with women’s equality, so Biden unlawfully dictates what his radical transactivists want—to erase women.
Another controversial change in the new rules permit the investigator and the decisionmaker in a Title IX grievance proceeding to be the same person. This was previously prohibited due to concerns of bias, but Biden doesn’t care about fair treatment.
Moms For Liberty has a resource page and instructions for how people can take action against this attack on women. They point out that since Title IX became law, 3 million more opportunities to play sports opened up for high school girls and 200,000 more for college women. Biden Democrats want to erase this progress.
States Versus the Federal Government
Fifteen states have sued Secretary of Education Miguel Cardona over his illegal legislative rewrite of federal law.
One lawsuit points out wording under Title IX indicates that sex is not fluid and throughout the history of implementation, a separation of men and women has always been permitted. The lawsuit also reveals the changes made by the Department of Education “declares that ‘sex’ is an expansive concept whose bounds it need not define.”
Biden has attempted to place a new definition of sex which includes “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” What do those terms even mean? What is a “related condition” to pregnancy?
One question that we must resolve: do state laws conflict with federal law and if so, which applies? The Supremacy Clause of the Constitution generally states that federal law trumps state law. However, federal law does not trump state law “unless that was the clear and manifest purpose of Congress.”
When Title IX became law, Congress had the express intent of protecting women’s equality. Joe Biden and the Democrats running the Department of Education have usurped the role of Congress by changing the definition of sex. States can easily argue that it was not the clear and manifest purpose of Congress for the definition of “sex” under Title IX to be expanded to include transgenderism.
(RELATED: Transgender Activists Had $3.7 Billion in 2021 to Sexualize Your Children)
How Can Local School Boards Protect Children?
Parents rightfully have concerns over Biden’s push to permit boys in girls’ bathrooms, locker rooms and on girls’ sports teams. Some radical districts across the nation have already permitted boys to invade the private spaces of girls with alarming consequences. In Loudoun County, Virginia, a boy pretending to be a girl was permitted to use a girl’s restroom and sexually assaulted a young girl. The district even covered up the assault by sending the perpetrator to a different school, where he attacked again.
Some states and local school boards have adopted policies that prohibit males (defined by their biology) to enter girl’s spaces such as locker rooms and bathrooms. It will be interesting to see if the Office of Civil Rights (OCR) actually enforces the new Biden Title IX regulations.
The only mechanism that OCR can use to enforce its new rules is to take away federal funding from schools. Most federal funding helps poor or underprivileged children, including providing free and reduced meals. To date, the U.S. Department of Education has never removed funding from a school even if they violate Title IX.
A school district could simply refuse to adopt the new changes, or simply reject federal funding for their districts—then Title IX would not apply to them.
Chevron Deference vs. Women’s Equality
Perhaps the Supreme Court will come to the rescue. Forty years ago, the Court ruled on the Chevron V. Natural Resources Defense Council case that created a doctrine called the Chevron deference. The Chevron deference permitted regulatory agencies to have expansive control over interpretations of law where there were gaps or ambiguity. Judges have since given great deference to unelected bureaucrats to interpret law.
In January, the Supreme Court heard two cases, Loper Bright v. Raimondo and Relentless v. Department of Commerce. Each of these cases has the potential to alter or overturn the previously held Chevron case, rightfully removing the unconstitutional power of unelected bureaucrats to create law. Most observers expect the Court’s ruling in June.
If the Supreme Court overturns Chevron, the lawsuits brought against Sec. Cardona stand a greater chance of victory. Congress then needs to act to make it crystal clear the definition of sex is based upon biology rather than psychology.
