Emmy Griffin / July 22, 2022

Playing Games With Title IX

The changes to Title IX and how they’re applied will continue to range from reasonable to radical depending on who’s sitting in the Oval Office.

Title IX — which gives women a chance to participate and excel in sports — is just one weapon in the Biden administration’s arsenal to pursue radical gender theory and champion “transgender” rights. This administration is actively seeking to undo what Education Secretary Betsy DeVos orchestrated under President Donald Trump, who in turn was making giant reforms from the radical notions of Arne Duncan of the Obama administration.

President Joe Biden’s Department of Education (DOE) has made subtle language adjustments to muddy the waters and provide enough latitude to push a highly unpopular radical agenda under the guise of respectable education regulation. Here are some of the major changes.

The inclusion of sexual orientation and gender identity.

This writer has discussed this topic at length in other articles. The Biden administration, by changing the language of this line — “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” — to include sexual orientation and gender identity, has actively sacrificed our girls’ educational and athletic opportunities, as well as undermined their safety and privacy. It is also widely rejected by voters across the nation.

Handling sexual misconduct.

The Biden administration has systematically undone the monumental changes that DeVos put in place to stop legally dubious and biased kangaroo courts, whose main motivation was persecution, not justice. DeVos narrowed the definition of sexual harassment based on precedent set by the Supreme Court. As National Review contributor Robert S. Eitel described it: “To ensure fairness in Title IX proceedings, the DeVos regulations mandate basic due-process protections, such as access for accused students to evidence developed in the investigation, the right to an adviser during any proceedings, and, for postsecondary institutions, live hearings with cross-examination by each party’s adviser. In existence for barely two years, the DeVos regulations balance the needs of students suffering from sexual harassment with those accused of such conduct.”

Enter the Biden yo-yo. His DOE wants to kill those reforms. Not only because the Left wants to coerce everyone into its ideology but because it wants to stifle free speech.

Religious protections.

Under Obama, when Title IX first encompassed gender identity in its definition of sex-based discrimination, religious schools immediately needed to find recourse so that their firmly held views on gender roles, sexuality, and marriage were protected. These religious protections have been affirmed again and again, with rulings protecting religious exemptions throughout the federal court system. The Biden DOE, however, is removing those protections. This line in particular has been scrapped: “An educational institution that seeks assurance of the exemption set forth in paragraph (a) of this section may do so by submitting in writing to the Assistant Secretary a statement by the highest ranking official of the institution, identifying the provisions of this part that conflict with a specific tenet of the religious organization.”

Title IX granting powers of dictator.

By taking away DeVos’s reforms regarding the definition of sexual harassment, the Biden administration is licensing Title IX dictators who are positioned at schools to cudgel students, faculty, and staff into silence. It places the responsibility of staff to snitch on their fellow faculty members and students should they step out of line. This clearly is not a free and fair policy but one rife with manipulation and coercion. In many cases, it violates the First Amendment.

Ambiguous language on providing “reasonable modifications for students because of pregnancy or related conditions.”

The Supreme Court recently decided in its monumental case Dobbs v. Jackson Women’s Health Organization that abortion should be given back to the states for the duly elected representatives of those states to fight it out. That way, the American people have more of a say on the issue. Naturally, this radically leftist administration has fought to undermine this sage decision at every turn.

The ambiguous language added to Title IX under President Biden — “reasonable modifications for students because of pregnancy or related conditions” — has cracked open the door for abortion to be foisted on campuses regardless of what the states have decided on the issue.

It is incredibly frustrating that the Department of Education — an arm of the executive branch whose bureaucrats are not elected but appointed — is able to push its political worldview on the public regardless of what the voters’ priorities are. It is a blatant overreach. This branch’s job is to enforce the laws, not create its own.

Most voters do not like this progressive legislation. And yet, because of the subversion of the system through undue use of power by the executive branch, there is little hope of normalcy and reform until a president of that persuasion is in charge.

The bottom line is that, depending on who’s in the Oval Office, women’s rights will either be respected or manipulated to suit the political ends of radical leftists.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2022 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.