When Congress enacted the Education Amendments of 1972, Title IX was a simple provision designed to ensure equal opportunity for women. It prohibits schools that receive federal money from discriminating against students “on the basis of sex.” But 50 years later, “sex” has become much more complicated. The Biden administration proposes to redefine femininity and transform Title IX into a barrier to the advancement of women.
In June, the Department of Education made headlines with new regulations under Title IX that would curtail due process for students accused of sexual misconduct. A less noted suggestion in the same rulemaking would alter the definition of sex to include sexual orientation and “gender identity.” This latest change is a direct threat to the interests of women and girls. It would require schools to treat boys and men who “identify” as female as if they were girls or women. All gender-separated spaces and programs, including restrooms, locker rooms, and sports teams, would be necessary to accommodate these transgender students.