Parshall Partners

Title IX Debacle

         We knew it was coming but the rewrite of Title IX is simply horrific. All across the country, governmental agencies are pushing back against something women have benefitted from for over 50 years.

         If we go back to 1972, Title IX of the Education Amendments bars sex discrimination in any federally funded education program. The amount of money is inconsequential as is whether the funds come directly or indirectly to the school so the majority of private schools fall under this directive as well.

         But in this post-Truth age, the current Administration has elected to manipulate the language of Title IX, something that has created a level playing field for women in sports. Now “sex” no longer means male or female but just about anything change-agents want it to be. 

         Under these new directives, the Department of Education has changed the prohibition against discrimination based on “sex” to include prohibitions against discrimination based on: “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.” 

         What this means in application is that any K–12 school or institution of higher education that receives any federal funding would have to open girls’ bathrooms, locker rooms, housing accommodations, sports teams, and any other sex-separated educational program or offering to biological boys who claim to “identify” as girls. And, the reverse is true for biological girls who “identify” as boys. 

         The new rule also violates the First Amendment to the Constitution by forcing teachers and fellow students to use a student’s “preferred pronouns.”

         In response to this politically correct yet biologically fallacious new rule, multiple states have lined up to file suit against the directives or have issued policies from governors’ offices that the Title IX rewrite simply won’t be followed in that particular state.

         Take Texas, for example. Governor Abbott issued a statement directed toward Texas public universities and community colleges, telling them not to comply with the rewrite of Title IX. It reads in part:

“Texas will not comply with…(the) rewrites of Title IX that contradicts the original purpose and spirit of the law to support the advancement of women. I instructed the Texas Education Agency to ignore . . . the illegal dictate. I am instructing every public college and university in…Texas to do the same.”

         But Texas isn’t alone. Currently, 22 states, 4 organizations, 1 school board, and 17 school districts have taken action against the new rule. The list grows weekly. Clearly this is an issue that will land on the steps of the Supreme Court.

         Agencies can make up new rules but they can’t make up new laws. The rewrite of Title IX steals back something women have had for 50 years, it forces compelled speech, it takes away due process and it flagrantly ignores the Constitution.

         It’s just a matter of time before this preposterous, morally corrupt and unconstitutional rewrite is thrown on the ash heap of history – exactly where it belongs.

         Those are my thoughts. I’m Janet Parshall.