Biden’s Title IX Protects Biological Males in Female Sports and Spaces

2024-04-19 14:00:41

President Joe Biden and his administration decided not to change anything in Title IX to protect female sports and spaces.

(I hope I got everything, and this all makes sense. It’s over 1500 pages long, and I didn’t want to water it down for you like other organizations!)

We have gender identity, sexual orientation, and sex characteristics.

The Department refused to provide a narrow definition of “sex” “to avoid overbroad application of a prohibition on discrimination based on sex stereotypes.”

Sex is either male or female.

But without defining sex or using the actual definition of sex, the Department of Education can use sex and “gender identity” in the same ways.

I’m U.S. Secretary of Education Miguel Cardona. Today, I am proud to advance the Department of Education’s work to clarify and build upon the legacy of Title IX. For more than 50 years, Title IX has opened doors for generations of girls and women. This landmark civil rights law promises that no person should experience sex discrimination, sex-based harassment, or sexual violence in federally funded education. The final Title IX regulations we’re announcing today advance that promise. These regulations make crystal clear that all our nation’s students, no matter where they live or who they are, can access schools and are safe, welcoming and respect their rights. The final regulation strengthens and restores vital protections against sex discrimination, including sexual harassment. It also protects students against discrimination based on pregnancy or related-conditions, sexual orientation, and gender identity. Today’s announcement is the result of a long rulemaking process, including input from many stakeholders through the first ever national public hearing on Title IX and more than 240,000 comments, including comments from students, from teachers, school administrators, advocates, parents, and other leaders. And I’m so proud of the department’s work to continue making good on our country’s promise of equity and opportunity for all students. You can learn more about the final regulations Thank you.

The absolute NERVE of this man is to bring up girls and women when the new rules completely erase them.

I’m also not shocked that the administration uses “cis” to describe females and males. I’m not a “cis.” I’m a freaking FEMALE.

Okay, let’s dissect this nonsense that essentially erases females.

Let’s say the quiet part out loud: This is all about males in female sports and spaces. A little itty bitty tiny bit involves females in male sports and space.

Overall, Biden’s Department of Education found de minimis (very trifling or of little importance) harm toward females when allowing males in female sports and spaces.

Protection for Sexual Orientation and Gender Identity

This section starts on page 1228.

§ 106.10 provides the process for issuing rules.

The Department thinks including “gender identity in § 106.10 will improve consistency between Title IX and the nondiscrimination laws of some States and the policies of many recipients.”

The lack of self-awareness. The Department feels that adding these protections does not harm women or girls.

I hate how they group gays and lesbians with these people: “Further, discrimination based on sexual orientation or gender identity is typically motivated by the same sex stereotypes that limit opportunities for women regardless of whether they identify as LGBTQI+.”

The Department denounced any laws or rules that exclude males from female sports, filing them under “Title IX’s prohibitions on sex discrimination.”

Gender Identity

Page 1234!

The Department won’t define “gender identity” because officials do not think the term is “too vague, subjective, or overbroad” to include in Title IX.

The officials understand “gender identity to describe an individual’s sense of their gender, which may or may not be different from their sex assigned at birth.”

You are not assigned a sex at birth. You are born a female or male. In rare cases, XXY, but that is still male/female!

Then again, they cannot define female.

The Department considers you a phobe of some sort if you don’t use a person’s preferred pronouns or keep them from a female sport: “To comply with the prohibition on gender identity discrimination, a recipient must not treat individuals more or less favorably based on their gender identity and, as described in more detail in the discussion of § 106.31(a)(2), generally may not prevent a person from participating in its education program or activity consistent with the person’s gender identity.”

You know why? Because apparently telling a person their actual sex, “‘sex’ is, at least in part, a basis for that discrimination.”

The Department of Education “also disagrees that ‘sex’ must be defined narrowly to avoid overbroad application of a prohibition on discrimination based on sex stereotypes.”

As I said before, the department can claim sex and “gender identity” are the same thing.

Biden’s Admin Thinks Males Can Be Females

Page 1267!

No definition of sex leads us to the next section where the Department of Education admits it thinks males can be females.

Page 1267: “The Department disagrees with commenters who assert that § 106.31(a)(2)’s articulation of a recipient’s nondiscrimination obligation with respect to gender identity is inconsistent with Title IX.”

§ 106.31(a)(2) (EMPHASIS MINE): General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance. This subpart does not apply to actions of a recipient in connection with admission of its students to an education program or activity of…an entity, not a recipient, to which subpart C would not apply if the entity were a recipient.

Page 1274: Single-Sex Places

The Department of Education buried the provision in its new regulations on page 1263: Participation Consistent with Gender Identity.

The entire section is on pages 1263 to 1278.

The Department of Education finds no problems with males using female bathrooms, locker rooms, and other female-only spaces.

My jaw dropped:

The Department does not agree with commenters who alleged there is evidence that transgender students pose a safety risk to cisgender students, or that the mere presence of a transgender person in a single sex space compromises anyone’s legitimate privacy interest. In many cases, Federal courts have rejected claims that treating students consistent with their gender identity necessarily harms cisgender students in violation of Title IX.

Loudoun County, anyone? Not only did a male sexually assault a girl in a female bathroom, but the school board wanted to make all bathrooms gender-neutral.

How about the male who gazed at a female’s breasts in a locker room? Oh, yeah. He’s the same male athlete who injured three female basketball players during a game.

A New Mexico girl claimed a boy raped her in a girl’s bathroom at school when she was only 12.

This one: Edmond parent files lawsuit after daughter ‘severely beaten’ in bathroom by trans student

This one: Transgender sexual assault claims at Brevard Public Schools could bring new state rules

Use a Separate Space

Page 1275!

A female doesn’t want to share the space with a male? Then use another facility:

The Department also appreciates the opportunity to clarify that nothing in Title IX or the final regulations prevents a recipient from offering single-occupancy facilities, among other accommodations, to any students who seek additional privacy for any reason. The Department agrees with commenters that access to gender-neutral or single-occupancy facilities may be helpful for accommodating students who do not want to use shared sex-separate facilities. The Department declines the suggestion to require that recipients provide gender-neutral or singleoccupancy facilities because such facilities are not the only way a recipient could provide nondiscriminatory access to its facilities. In addition, the proposal would likely carry significant cost implications and it would be appropriate to seek public comment on this issue before making any such changes.

Single-Sex Classes and Activities

Page 1277!

The Department of Education decided not to adopt the Eleventh Circuit’s reasoning in Adams v. School Board of St. Johns County, Florida. This is one of the few cases where a female tried to use a male restroom.

The Court ruled that preventing a female from using the male restroom did not violate Title IX because “’sex’ as used in Title IX can only refer to ‘biology and reproductive function,’ not gender identity, 57 F.4th at 812 15, and that restrooms are covered by a statutory provision permitting a recipient to maintain ‘separate living facilities for the different sexes.’”

The Department has a problem with the Court using the proper definition of sex: “In particular, contrary to the reasoning in Adams, even if ‘sex’ under Title IX were to mean only sex assigned at birth, Title IX’s ‘living facilities’ provision, does not permit a recipient to subject a person to more than de minimis harm on that basis in any context except living facilities.”

“Sex” means male or female. This is not hard!

Living Spaces

Page 1272!

Yup. The Department of Education says males can live in female-only housing:

With respect to commenters’ questions about whether § 106.31(a)(2) prohibits a recipient from excluding students from sex separate housing consistent with their gender identity, it does not, because of the express carve-out for sex-separate living facilities under 20 U.S.C. 1686. But that is the extent of the reach of 20 U.S.C. 1686, and nothing in the statute or final regulations precludes a recipient from voluntarily choosing to adopt policies that enable transgender students to access sex separate housing consistent with their gender identity.

What does 20 U.S.C. 1686 say? This: “Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.”

So, maintaining separate living spaces is required. No males with females.


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