The U.S. Department of Education issued a “Notice of Interpretation” to clarify its enforcement authority under Title IX of the Educational Amendments in light of the U.S. Supreme Court’s decision in Bostock v. Clayton County.
The “conservative” U.S. Supreme Court’s ruled in Bostock that the Civil Rights Act of 1964 protects employees against discrimination based on sexual orientation and gender identity. In that case, a male funeral home employee wanted to dress as a woman at work, and his employer refused to allow it.
The Biden administration continues to cite this decision to justify reinterpreting federal law in a way that violates First Amendment protections.
Critics of the new interpretation warned that it mandates that children be taught lies.
“Schools will now be forced to allow biologically male students access to all female-only spaces,” the American College of Pediatricians said. “They will be housed with females during overnight school trips and events, participate in female-only sports, and displace females from female-only sports teams. This interpretation is unscientific and a clear threat to the health and safety of female students.”
The group’s executive director said that “female students lose their rights to privacy and safety in education and fair play in sports…Due to a combination of genetics and sex hormones, males are bigger, stronger and faster than females. Males are also more violent and aggressive than females.”
Alliance Defending Freedom (ADF) represents female athletes who have filed a lawsuit to protect women’s sports. The plaintiffs said they’ll appeal a decision in which a court dismissed their case. The women filed a lawsuit against Connecticut after a policy allowed male students pretending to be female to compete against them at track meets. The federal judge dismissed their lawsuit on procedural grounds. The court contended that there is no dispute, because the two male athletes have graduated, and the plaintiffs couldn’t identify other ‘transgender” athletes on the team.
ADF attorney Christiana Holcomb wrote on Twitter that the Biden administration “took its next step in forcing radical gender identity ideology on everyday Americans by effectively rewriting TitleIX. This politically motivated change is inconsistent with #TitleIX and the real physical differences between males and females. It misconstrues U.S. Supreme Court precedent, and is yet another example of government overreach. #TitleIX exists precisely to ensure that women and girls have equal opportunities in education, including in sports. Girls and women deserve better than having their opportunities stripped away in service of harmful ideology.”