Department of Education Secretary Miguel Cardona and his colleagues celebrated the 50th anniversary of Title IX legislation on April 19 by blowing up the definition of sex to legitimize gender identity and sexual orientation for the purpose of discrimination.
First signed into law in 1972, “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.” In 1978, Title IX specified athletic and other scholarly endeavors to allow participation indiscriminately. Additional protections were given and penalties meted out for formal allegations of rape, harassment and discrimination through the Department of Education, Office of Civil Rights.
Then came the famous “Dear Colleague” letter from the Obama administration in 2011. This guidance letter expanded the regulation to include sexual violence, sexual battery and coercion perpetrated without consent of the victim and occurring generally within the school’s prevue. Title IX coordinators were given full, and often sole, authority to investigate allegations, determine guilt and assign punishment. In 2020, The Trump administration, amended the regulations to provide more protections for the accused, demanding a strict burden of proof and allowing the accused to review evidence and participate in live cross-examination.
The 50th-anniversary gift delivered by the Biden administration has reframed Title IX language to include gender identity and sexual orientation as a basis for litigation. By reframing the narrative, the purpose of the regulation has shifted from “educational opportunities for everyone to changing the way we think about sex, gender and sexuality, changing the culture, not (just) punishing the bad actor,” according to R. Shep Melnick, author of “The Transformation of Title IX.” This is a brave new world in which gender confusion and disorientation are fostered every time a child enters a federally funded institution. Public kindergarten through secondary institutions are the cornerstones, but Head Start, daycare centers, Boys & Girls Clubs and health care facilities expand the sphere of influence. The impact of this regulation ripples through every social and academic agency.
Left out of the newly amended Title IX is the issue of eligibility in sports. The Biden administration intends to include policy forbidding schools from enacting outright bans on trans athletes’ eligibility in sports, but that is currently on hold. According to The Associated Press, the delay is “widely seen as a political maneuver during an election year.” However, the amended edition of Title IX makes clear that the intent for equal participation is embedded in the regulation, requiring no additional language.
The new rules ensure that treating transgender students differently from other students is sexual discrimination. Adjustments to bathroom facilities, locker rooms and other privacy and safety issues are no longer relevant in the world of public institutions. Tampons in boys’ bathrooms are yesterday’s concern — all bathrooms will be unisex. Men and women using the same locker room, no problem, nothing to see there.
“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” stated Rep Virginia Foxx (R-NC), chair of the House Committee on Education and the Workforce. “The new regulation threatens decades of advancement for women and girls.”
No matter. Women are being marginalized in the same way men have been neutralized in the last 60 years. Men are portrayed as toxic and a drag on our economy, living in basements and unable to embrace a long-term commitment. Social media has objectified women into TikTok toys or man-eating matriarchs. This is absurd, but it is also useful to sow the seeds of doubt and disorientation in a culture worn thin by constant chaos.
Confidence in our faith and integrity is our protection against those who wish to control our minds and bodies. We can respect the rights of all people without sacrificing our values or subjugating our belief in what it is to be a man or a woman.
Speak up. Women and men have equal rights in America. Sexual orientation and gender identification are supported but not preferential in sports or any other endeavor. We embrace a system of justice. Men competing against women on an unequal playing field is not a competition, it is a foolish, dangerous game of chicken.
The portal for public opinion on the issue of Title IX amendments remains open until Aug. 1. Speak to your representatives, and check in with the board of education in your county and state. Let them know how you feel about this issue and how you will vote in November. There is time for us to impact the outcome of Title IX, allowing for equal protection under the law for everyone.
Connie Lovell lives in Pinehurst.
