The Biden administration now says that “sex” means “gender identity.” So, what does this mean for K-12 teachers?
In a new regulation released last week, the Biden administration changed the definition of “sex” in a crucial civil rights law that was originally designed to protect women. Title IX of the Civil Rights Act says that schools cannot discriminate against individuals based on sex, which gave women better access to higher education and athletics.
But the Biden administration has swapped “sex” for “gender,” which will allow biological males access to females’ bathrooms, locker rooms, sports competitions, etc.
K-12 educators around the country are wondering what to do next, because this rule would have major implications for school facilities and athletic teams.
Washington wants schools to change their harassment policies, too, because the new rule says individuals could face charges of harassment if they address someone according to his or her sex instead of “gender” choice.
Our advice to educators: Wait.
The Biden administration’s rule violates numerous administrative laws and constitutional free-speech provisions, not to mention women’s civil rights. The rule goes into effect Aug. 1, and we forecast a long, hot summer of litigation that will stall and should ultimately overturn this rule.
The rule violates state laws that protect women’s athletics and prohibit men from competing in women’s sports. Louisiana Superintendent of Education Cade Brumley has already issued a letter to school officials in his state saying the rule violates their state’s Fairness in Women’s Sports Act, which keeps single-sex sports just that—for individuals of one sex to compete with each other: girls’ soccer for girls, boys’ basketball for boys, as schools have operated for generations.
“This rule runs contradictory to the entire foundation of Title IX,” Brumley wrote to teachers and principals. “The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females.” The lead education officials of Oklahoma and South Carolina have sent similar letters to educators in their states.
The rule also ignores research that finds health professionals do not know enough about the long-term effects of drugs and medicines being used to alter human bodies, including the biological functions of children. Earlier this month, England’s National Health Service released a report that the Times of London called “the world’s biggest review into the contested field of transgender health care.”
The release, called the Cass Report, found that scientists “have no good evidence” on the long-term outcomes from puberty blockers, hormone treatments, and surgeries that alter reproductive organs.
Young people in particular may feel “an urgency to transition,” the Cass Report said, but “young adults looking back at their younger selves would often advise slowing down.” The report’s authors said the effects of so-called gender interventions “needs to be better understood.”
The Independent Women’s Forum, an advocacy organization, has already announced its intent to sue the administration. The new rule “turns Title IX on its head through extra-statutory regulations,” the group said in a news release.
Public opinion sides with Brumley, the Cass Report, and the Independent Women’s Forum. A 2023 survey of Americans found that 55% of respondents said it is “morally wrong” to change your gender, an increase of 4 percentage points from 2021. In the same survey, 69% of Americans said that “transgender athletes should only be allowed to compete on sports teams that conform with their birth gender.”
Americans do not like watching videos on social media of middle-school girls getting thrown down by a boy in a basketball game or of a high school girl having her teeth knocked out while playing field hockey. Nor do any parents want their daughters to share a locker room with a boy.
The Biden administration is violating civil rights law and ignoring research and public opinion. School officials would do well to wait before changing school rules—both to see what happens in court and to protect students and teachers from this harmful policy.
Jonathan Butcher is the Will Skillman fellow in education at The Heritage Foundation and the author of “Splintered: Critical Race Theory and the Progressive War on Truth” (Post Hill Press/Bombardier Books, 2022).
Lindsey Burke is the director of the Center for Education Policy and the Mark A. Kolokotrones Fellow in Education at The Heritage Foundation.
Reprinted with Permission from The Daily Signal – By Jonathan Butcher & Lindsey Burke
The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.
While “redefining” is becoming so popular, I have a few definitions I’d like everyone to consider: Taxes are now “voluntary contributions”, Laws are now “recommendations”, Guns are now “wireless hole punchers”, Congress is now a “den of thieves and terrorists” and The White House is now a “circus tent”.
The best solution to this problem is to ignore the administration’s rhetoric and when forced to, take it to the court system to hopefully to get it overruled by the courts. Just boils down to that the minority of the country is forcing it rules on the majority. The majority need to wake up and fight back at all levels of government or else ALL WILL BE LOST.
This old man has lost his mind, what’s left of it He’s obviously never read the Bible.
If gender is a “construct” so why is it only men are trying to play womens sports and not the other way around? I can identify as “Dick Butkus” but that doesn’t make me middle linebacker for the Bears! I’m sure even Biden doesn’t believe this B.S…. but then he is an idiot!
The truth is not that boys want to be girls. They want to be in girls locker room where they can stare at girls naked bodies and girls can stare at theirs. Then they go back to boys locker room and show pictures they took and tell tall tales and laugh at what they did.They only compete in women’s sports because they cannot win in the same sex sports. They are not good enough to compete with real male athletes so they choose a girls sport so they can win. The ones who advocate this are losers in their prospective fields as well. I wonder when, they meet their maker, who make them boys and they say their name is Pricilla and they are a girl, can they be found on the roll? God doesn’t make mistakes. It’s a choice that each person makes.
How about pushback. Why are we following illogical and wasteful mandates? Stay with basic language and quit flowering/covering up “simple truthful” descriptions? Why does 97-98 percent of the population have to change our basics to appease there small percentage?
People in a wheelchair or on a walker adjust to a walking majority with minor adjustments to the doors and walks to accommodate for their needs. Don’t dump the whole cart of ripe apples to find 3 green ones.
Government is not the the best place for logical changes, they want credit for reinventing the wheel. They need to prioritize and take care of our nation’s very serious issues…border security, balance the budget, build up our defense systems at home and get our nation back to work in manufacturing so we can make our own products, AND stop foreign entities from buying up our homes and farmland!
Just this GREATgrandmother’s thoughts
This administration is putting our Beautiful Country in the Toilet. I Pray we can turn this around before someone decides to Flush.
I believe only God can change the definition of sex, not some dementia laden old white man who pretends he is god.
Biden ignores SCOTUS. So why do we need to listen to him?
There is absolutely NOTHING Biden and pals have done right in over 3 years. This is another example of selling out Americans to a minority to the detriment of our nation’s ability to function.
Amen, Elaine! God is our guide. I would rather follow God’s 10 (only 10) Commandments than have to follow all the rhetoric and mindless pretense of this present (un)leadership. Glad that God is in control and His timing is perfect, we need to stay the path, repent and rejoice in His power.
I am disgusted by this whole movement! It was brought home to me by the male/female swimmer, Lia Thomas, who couldn’t make the grade on the men’s team, so he switched so he/she so he could beat Riley Gains, the top female swimmer at the University of Kentucky
The only wonder is how quiet the women are There are plenty of them screaming when the abortion issue comes up but on this one they are mum Even View which can’t shut up is quiet I am curious why
Ignore this BS, pull your kids out of the public propaganda indoctrination K12 schools.
Public schools are no longer about education and are nothing but breeding grounds for Totalitarian Communist Democrat Comrade teachings of the ignorant Leftist.
This whole topic to me is a “no-brainer.” We should not unlevel the playing field for girl athletes. Sadly, only the girls can reverse this curse. They must refuse to lose — to boys — and therefore not play enmass until this nonsense goes away. Parents, back up your daughters and don’t let the schools use your girls to advance a wacky leftist agenda.
The real question is what will happen to Biden and his many cohorts when they face a Holy and Just God…and they will. In the beginning God made man and woman. Adam and Eve, not Adam and Steve.
Sex of a person is not “gender” identity. Sex is defined by the DNA in your body not what you think it should be. No amount of hormone blockers can change it.
This needless change is just another example of dumbocrat useless actions. The party would rather WASTE TIME ON STUPID ACTIONS INSTEAD OF FACING THE DISASTERS THEY CREATE!!!!