Biden Administration pushes risky alterations to Title IX
Reviving Obama’s Title IX Policies: The Biden Administration’s Dangerous Gambit
When President Obama faced opposition in Congress, he famously declared that he still had his phone and his pen. However, it wasn’t just him who had the power to enact policies. Bureaucrats in federal agencies also had their own phones and pens, leading to repeated reinterpretations of Title IX, a crucial federal civil rights statute.
Title IX, enacted in 1972, protects girls’ and women’s athletics and prohibits sexual harassment and sex discrimination in schools. However, in 2015, a bureaucrat in the Department of Education (DOE) issued a sweeping new policy, stating that schools must consider a person’s gender identity when assigning them to facilities and teams.
When President Trump took office, he aimed to change the DOE’s habit of “regulating by letter.” Secretary of Education Betsy DeVos successfully implemented Title IX changes in 2020, striking a balance between eliminating sexual harassment and protecting due process.
However, the Biden administration is now attempting to scrap DeVos’ rules and revive Obama’s policies. They want to expand Title IX to cover sexual orientation and gender identity discrimination in schools nationwide, despite the statute’s language only addressing “sex” discrimination.
The DOE has recently submitted the final touches to its new Title IX rule, which is expected to be approved by the president. This rule will require K-12 schools and colleges to implement policies specifically addressing sexual orientations and gender identities of all kinds, potentially including bisexuals, polyamorous individuals, and “non-binary” gender identities.
While it’s important to enforce anti-discrimination principles for transgender individuals, the Biden administration’s proposed rule goes beyond that. It demands that schools accept and accommodate every student’s self-proclaimed gender identity and sexual orientation, or face accusations of violating federal civil rights laws.
The consequences of this radical departure from past enforcement of Title IX are immense. The debates over bathrooms, pronouns, and sports teams are just the beginning. With the proliferation of gender identities since 2015, schools may face demands for separate dormitories for each unique gender identity and requests from students identifying as animals, autigender, or even cake.
Complying with the new Title IX rule will be challenging for teachers and administrators. They will struggle to understand their obligations to provide equal access to school facilities for students who identify outside the traditional male or female categories. In extreme cases, individuals could claim sexual orientation as a “minor-attracted person,” potentially creating a loophole for pedophiles.
While these outcomes may seem outrageous or silly, times are changing rapidly, and what seems ridiculous today may become the “new normal” tomorrow. That’s why the Biden administration’s proposed Title IX changes are a dangerous gambit.
William E. Trachman is the general counsel of Mountain States Legal Foundation and the former deputy assistant secretary for civil rights in the Trump administration.
What are the concerns about due process rights for individuals accused of sexual misconduct under the Obama-era policies, and how could reviving these policies potentially lead to unjust outcomes
This gambit by the Biden administration is dangerous for several reasons. First and foremost, it undermines the rule of law. Title IX was enacted by Congress and its language clearly addresses “sex” discrimination, not sexual orientation or gender identity discrimination. By attempting to reinterpret the law to fit their own agenda, the Biden administration is essentially legislating from the executive branch, bypassing the proper legislative process.
Not only does this set a dangerous precedent for future administrations, but it also undermines the separation of powers and the checks and balances that are fundamental to our democracy. It allows unelected bureaucrats in federal agencies to unilaterally change the meaning of a statute without the input or oversight of Congress.
Furthermore, expanding Title IX to cover sexual orientation and gender identity discrimination in schools raises significant concerns about the infringement of religious freedom and freedom of speech. Religious schools, for example, may have sincerely-held beliefs about human sexuality and may wish to maintain policies that align with their religious teachings. By forcing these schools to comply with policies that go against their beliefs, the Biden administration would be violating their constitutional rights.
Additionally, there are concerns about due process rights for individuals accused of sexual misconduct. Under the Obama-era policies, accused students were often denied basic due process protections, such as the right to cross-examine their accuser or the right to legal representation. These policies led to numerous cases of innocent students being falsely accused and having their lives devastated without any recourse. DeVos’ Title IX changes sought to strike a balance between protecting victims of sexual harassment and ensuring that accused students are afforded fair and equitable processes. Reviving Obama’s policies would once again tip the scales in favor of accusers, potentially leading to more unjust outcomes.
The Biden administration’s attempt to revive Obama’s Title IX policies is not only legally dubious, but it also threatens the fundamental principles of our democracy and the rights of individuals. It is imperative that we uphold the rule of law and preserve the proper separation of powers. Congress should be the entity responsible for creating and amending laws, not unelected bureaucrats. Furthermore, any changes to Title IX should be carefully considered and balanced to ensure the protection of all individuals involved.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
