Biden administration redefines sex discrimination in Title IX to include ‘gender identity’

[IwantToRetire]

President Joe Biden’s Department of Education issued new regulations on Friday, April 19, that prohibit discrimination based on a person’s “gender identity.”

The new rules, which will go into effect on Aug. 1, redefine the prohibition on sex discrimination for schools and education programs that receive federal funding — including K-12 schools and colleges and universities. Under the new interpretation of the Title IX protections, those rules now apply to any form of discrimination that is based on a person’s self-purported “gender identity.”

According to the executive summary of the Title IX revision, the changes are meant to “clarify that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

The summary further states that, except in certain situations, education institutions receiving federal funding cannot carry out “different treatment or separation on the basis of sex,” which includes a prohibition on any policy or practice that “prevents a person from participating in an education program or activity consistent with their gender identity.”

More at https://ewtn.co.uk/article-biden-administration-redefines-sex-discrimination-in-title-ix-to-include-gender-identity/

The quotes above are from a Catholic news source so if that is an issue for any one, here is another version of the news.

Biden finalizes Title IX rules to boost rights of sexual assault victims, LGBTQ students

The new rules are set to take effect just a few months before the presidential election, and will apply to sex-based discrimination complaints filed on or after Aug. 1.

The rules will reverse Trump-era policies that critics say for years have bolstered the rights of people accused of sexual assault on school campuses. When Joe Biden was running for president, he described his predecessors’ Title IX regulations as a "green light to ignore sexual violence and strip survivors of their rights.”

Under the new policy, colleges will be allowed to use a lower standard to find someone guilty of sexual misconduct. The federal government will also raise its expectations of schools across the country by requiring them to quickly respond to all types of sex-based discrimination – not just to sexual harassment, which is the current threshold.

And colleges will do away with a controversial requirement for live hearings, including potentially traumatic cross-examinations between victims and those they accuse of sex-based misconduct.

More at https://eu.usatoday.com/story/news/education/2024/04/19/title-ix-biden-trump/73369449007/

I don't like that part of the regs either. But I think ppl should understand what the regs do and what is still unclear.

I'm frustrated that neither party seems to care about women. Under the previous regulations, Trump made it difficult for women who had been sexually harassed or assaulted. Biden mostly fixed the (bad) changes Trump made to those parts of the regulations but now single sex facilities are in danger. I'm not even sure who is fighting for us to have strong protection from sexual assault/harassment and single sex facilities (and abortion rights).

Is there a definition of sex in US law, or any reference in the Constitution?

Martina Navratilova explains the danger this is to the Dems: https://twitter.com/Martina/status/1781393302710804542

@GenderlessVoid
I think it's just WoLF, ICONS and the like who have your back in the US at the moment.

There are many references in various laws but that would not necessarily apply to Title IX.

Here are the only references I can think of at the moment in the US Constitution:

Nineteenth Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

The Fourteenth Amendment doesn't refer to women or sex directly but has been interpreted to prohibit discrimination on the basis of sex:
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Oh, I see. Thank you, @Delphinium20
So even worse - removing sex completely!
The only silver lining I can see is that it makes the rules easier to challenge in court on sex discrimination grounds and on workability.

Thank you.

A good 50 plus years ago feminists-joint coalition of the Democrat and Republican women-tried to pass the Equal Rights Amendment or ERA. It's still languishing and not in our Constitution. A very simple amendment, it speaks only to sex, not gender identity. This could have overpowered Roe v Wade loss btw.

American women, despite living in the home of the free and the brave, still do not have equal protection under the law.

I said that to DH when I sent him Riley Gaines' tweet about it.

I thought that then considered that he has handed it to Trump already, by virtue of the fact he’s put himself forward again.

Yeah. That's true.

Shit choice for America again though, isn't it?

Yes. Same for the UK.

Yep. Thought that as I typed it!

Based on this quote from the first article I linked in the OP:

According to the executive summary of the Title IX revision, the changes are meant to “clarify that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

The definition of sex in US law now included gender identity. If it didn't they could have revised Title IX to say it did.

A bit like how the GRA interacted with the EA so the UK now has "legal sex" eg re representation of boards etc., but (unlike Title IX as amemded) also has biological sex as per the SSE.

Are there any single sex exemptions in the revision, if not, then by implication sex discrimination in the US classifyies gender identity as being the same as sex.

Why are these politicians so totally stupid as to think that 'sex discrimination' can also mean all these things which ARE NOT SEX.

It's like saying that discrimination on the basis of religious or philosophical belief includes discrimination on the basis of whether you love or hate marmite, whether it should be called Snickers or Marathon and whether the loo roll should face towards or away the person sitting on the WC. FFS!!!

There are so many terrible typos that am reposting my comment just upthread as it makes no sense - sorry.

Based on this quote from the first article I linked in the OP:

According to the executive summary of the Title IX revision, the changes are meant to “clarify that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

The definition of sex in US law now includes gender identity. If it didn't they couldn't have revised Title IX to say it did.

A bit like how the GRA interacted with the EA so the UK now has "legal sex" eg re representation of boards etc., but (unlike Title IX as amemded) also has biological sex as per the SSE.

Are there any single sex exemptions in the revision, if not, then by implication sex discrimination in the US classifies gender identity as being the same as sex

That's chilling.

See https://www.mumsnet.com/talk/womens_rights/5059600-gender-and-sexuality-in-the-us-election-discussion-online-23-april-2024

That’s exactly what my DH said when we were discussing this yesterday (we live in the US). Biden has potentially lost himself a huge swathe of votes. It’s so depressing and frightening.

I can't imagine misgendering being a crime given the first amendment, but who knows with the world we're living in. Maybe if someone could prove they incurred loss of earnings because you repeatedly misgendered someone or something like that.

This honestly makes me feel physically sick, title 9 was one of the few pieces of major legislation that made me feel like women and girls were an important part of American society. Ever since Brett kavanaugh I've given up any hope for a real, fair future for women in the US.

Someone else who thinks this will cost Biden the election

https://www.telegraph.co.uk/us/comment/2024/04/26/transgender-title-ix-womens-rights-joe-biden/

https://archive.ph/9ffjn bypass paywall

Poor America, what flavour of shit sandwich do you want?

He's a disgrace , he knows the impact of this on women & girls because women like Riley Gaines have been telling him.

Still doesn't give an actual fuck about women.

Absolutely abhorrent.

I feel so sorry for women & girls in the US. The overturning of Roe v Wade and now this. This is simply a wholesale attack on women's rights coming from every political direction.

I know that a lot of threads end up on here saying anyone who votes Tory because Labour cant be trusted on women's sex based rights are called all sorts of traitores.

But imagine being in the US and to stop Biden's trans rights first position the only option is to vote Trump.

(Article is interesting in highlighting the impact on schools. Thanks)

I'm a US citizen and when I go to the polls it will be for Biden. There's no other option, IMO, because of my concerns for the climate and health care and guns (all three negatively impacting women and children the most). And abortion rights. I also vote Biden because of the danger of a Republican stacking the courts with anti-choice judges (it's not just the supreme court, the president can appoint a lot of lower court judges).

However, I won't reflexively vote for Democrats my local elections - I vote for the person who's most aware of the dangers of gender woo in the schools and sports teams. Surprisingly, the very small Green party and the very small Communist party in my state is opposed to gender identity replacing sex in law. I'm on the left anyway, might as well go all Marxist.

If God had meant Americans to have a President, He would have given them a Candidate.