The Biden Department of Education has denied a request by a feminist organization to affirm that Title IX regulations will be enforced based on a definition of “sex” as male/female biological sex, and not what individuals believe to be their sex, or, gender identity.
In February, Women’s Liberation Front (WoLF) petitioned the education department’s Office for Civil Rights (OCR), requesting that, in amendments to regulations implementing Title IX, “sex” be defined as biological sex and that single-sex spaces, such as those concerning women’s sports teams, be maintained.
The Department of Education responded on Wednesday to WoLF’s petition for rulemaking, declining the request to affirm that Title IX will be enforced on the basis of sex but outlining next steps and inviting public participation.https://t.co/jVx8JnmPNH
— WoLF (@WomensLibFront) April 10, 2021
“OCR respectfully denies your request,” responded Suzanne Goldberg, acting assistant secretary for Civil Rights.
She referred to President Joe Biden’s executive order on March 8 titled “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” and his order on January 20 titled “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
“The Department is now engaging in the required review of its Title IX regulations to ensure that they are consistent with the Biden Administration’s executive orders,” Goldberg wrote.
Let’s be clear: Transgender equality is the civil rights issue of our time. There is no room for compromise when it comes to basic human rights.
— Joe Biden (@JoeBiden) January 25, 2020
Last week, the education department’s OCR launched a review of Title IX regulations to “fulfill President Biden’s executive order,” with a letter to all stakeholders regarding plans to solicit the public’s input on the rules.
“Building educational environments free from discrimination where our nation’s students can grow and thrive is a top priority of the Biden-Harris Administration,” said U.S. Secretary of Education Miguel Cardona in a statement, elaborating:
Today’s action is the first step in making sure that the Title IX regulations are effective and are fostering safe learning environments for our students while implementing fair processes. Sexual harassment and other forms of sex discrimination, including in extracurricular activities and other educational settings, threaten access to education for students of all ages. As Secretary, I will work to ensure all students—no matter their background, who they are, or how they identify—can succeed in the classroom and beyond.
“The Department of Education’s Office for Civil Rights is responsible for and fully committed to enforcing Title IX’s protections to ensure equal access to education for all students regardless of sex,” Goldberg added in a statement. “This includes making certain that students who have experienced discrimination based on sexual orientation and gender identity have their legal rights fully met.”
WoLF noted in a statement on its website that both the White House and Cardona have already affirmed they plan to eliminate single-sex sports by allowing male athletes to compete against women. Additionally, the new Title IX rules will also likely end separate men’s and women’s, or boys’ and girls’, bathrooms, locker rooms, and student housing in educational spaces that receive federal funding.
In February, Biden released a statement urging Congress to “swiftly pass” the Equality Act, a bill that would end the federal legal recognition of male and female sex, cater to gender ideology, and designate protection for the unborn as “pregnancy” discrimination.
“Full equality has been denied to LGBTQ+ Americans and their families for far too long,” Biden said, adding:
The Equality Act provides long overdue federal civil rights protections on the basis of sexual orientation and gender identity, locking in critical safeguards in our housing, education, public services, and lending systems — and codifying the courage and resilience of the LGBTQ+ movement into enduring law.
Also in February, during his Senate confirmation hearing, Cardona responded to a question by Sen. Rand Paul (R-KY), if he thinks it is “fair” to allow boys claiming to be transgender to participate in girls’ sports, and about how it affects girls competing in these athletic events.
“I think it is appropriate,” Cardona replied. “It is the legal responsibility of schools to provide opportunities for students to participate in activities and this includes students who are transgender.”
Asked by Paul if he would enforce the Trump administration’s OCR rule stating boys cannot compete with girls in sports, Cardona responded, “If confirmed, it’s my responsibility and my privilege to make sure that we’re following civil rights of all students. And that includes activities that they may engage in in high school or athletics.”
“What do you think in general about boys running in girls’ track meets, like they’ve been doing in Connecticut?” Paul continued.
“I think that it’s critically important that … education systems and educators respect the rights of all students including students who are transgender, and that they are afforded the opportunities that every other student has to participate in extracurricular activities,” Cardona answered.
A new study that examined students who claim to have gender identity issues found that, compared with 45% of students who are comfortable with their biological sex, 78% of gender-disturbed students met the criteria for at least one mental health problem. https://t.co/VzNAYJFNs5
— Breitbart News (@BreitbartNews) August 24, 2019
Paul pressed, however:
I think most people in the country think that’s bizarre, you know, that is just completely bizarre and unfair that people – and you’re going to run the Department of Education – you’ve got no problem with it. That concerns me, and I think it’s this kind of thing is gonna lead to really just the vast majority of America just wondering who are these people that think it’s okay, what planet are you from? I mean to think it’s okay for boys to compete with girls in a track meet, that that somehow would be fair.
“I’m disappointed in the answer and I just can’t imagine that we’re going to have a policy like that nationally,” Paul asserted.