Stop Biden’s Proposals to Upend Title IX Protections for Women
As advocates for women in schools, the workplace, and, in particular, recreational and competitive sports, we believe that the Title IX amendments proposed by the Biden Administration in July 2022 and April 2023 will erase many of the gains made by women in the fifty-plus years since Title IX was signed in 1972. By redefining the meaning of the word “sex” to include “gender identity” and permitting men to play on women’s sports teams, women will once again be at a disadvantage in society. They will have fewer opportunities to earn accolades and scholarships in sports. Moreover, they will be in danger of physical and mental abuse thanks to schools permitting boys into girls’ bathrooms and locker rooms as well as prisons permitting men into women’s facilities.
There are many problems with these proposals:
-- In the June 2022 proposal, the Biden administration is claiming that the Supreme Court’s 2020 Bostock v. Clayton County ruling applies to all laws that prohibit sex discrimination; however, that opinion explicitly limits its application to Title VII of the Civil Rights Act of 1964.
-- The June 2022 proposal erodes the due process rights of those accused of sexual assault. It restores the “single investigator model” that allows a single person in a college or university to be the judge, jury, and prosecutor. In addition, the proposal would drop the Trump-era requirement that colleges and universities allow the accused student to cross examine the accuser in a live hearing.
-- In the April 2023 proposal, schools would not be allowed to ban transgender students from participating on teams consistent with their gender identity. While the policy permits schools to limit transgender participation under some circumstances, it is up to the schools to prove how their policy achieves “an important educational objective” and “minimizes harms” to transgender athletes. With federal funding on the line, many schools will take the easy way out. Therefore it will be up to individual girls and their families to fight with their schools to stand up for them.
-- The April 2023 proposal puts girls’ and women’s safety at risk. In 2014, a mixed martial arts transgender woman gave a woman a concussion and broke her eye socket. In November, 2022, a North Carolina female high school student was severely injured when hit by a ball spiked by a transgender athlete on the opposing team.
-- The April 2023 proposal undermines federalism: there are already 20 states that have passed laws barring biological males from competing on female athletic teams.
The Biden administration likes to tout the importance of “inclusiveness;” however, with these proposed amendments, girls and women face “exclusion.” According to Riley Gaines, the former NCAA swimmer who had to compete with a transgender athlete, “Title IX is an equal opportunity law, and allowing biological males to take roster spots or playing time from female athletes makes a mockery of that objective.”
Please sign this petition calling on Biden’s Secretary of Education, Miguel Cardona, to rescind the Department’s proposed amendments to Title IX.
If he fails to do so, we call on Congress to abolish the Department of Education.
This petition is being distributed by UARE (United Against Racism in Education). More information about our group can be found at uare.us.