Title IX 

"A Collision Course With The First Amendment"[1]

Title IX was enacted in 1972 to protect the rights of girls and women by prohibiting sex-based discrimination. On June 23rd, the U.S. Department of Education released its proposed changes to Title IX regulations. As described by Independent Women's Law Center, these changes would "vastly expand the categories of speech that it expects schools to punish as discriminatory sexual harassment under Title IX." You may be wondering how this will impact your children and the schools in your community. The Defense of Freedom Institute has described that the changes will:

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"Biden’s Proposed Title IX Rule endangers women’s and girls’ sports. Title IX has leveled the playing field for thousands of female athletes who wouldn’t have otherwise had the chance to compete in a school sport. Indeed, female participation at the high school level has grown 1,057 percent and at the college level by 614 percent. Unfortunately, after 50 years of progress, the Biden Education Department has placed this progress in jeopardy by illegally expanding the scope of Title IX and failing to provide express safeguards that protect athletics for women and girls attending schools, colleges, and universities.

 

The Biden Education Department proposes ...  

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"Biden’s proposed Title IX Rule threatens free speech and academic freedom on campus.

Any regulation under Title IX must ensure that its grievance process is not used to punish people merely for exercising their right to free speech in an academic context, even when such speech is offensive or an opinion that someone does not wish to hear. That’s why the current 2020 Title IX regulations shield constitutionally protected speech and expressive conduct from Title IX enforcement unless a reasonable person would find it so severe, pervasive, and objectively offensive that it denies a person equal educational access."

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"Biden’s proposed Title IX Rule erodes due process for the accused and protections for survivors.

A fair, legally binding framework for investigating and adjudicating sexual harassment and assault claims under Title IX protects everyone. That’s why the current Title IX regulations published in 2020 took historic action to define sexual harassment, including sexual assault, as unlawful sex discrimination and codified into law due process protections for the accused. The current Title IX regulations also for the first time imposed regulatory requirements on public elementary and secondary schools to investigate and adjudicate sexual harassment, including sexual assault, in our nation’s public schools."

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"Biden's proposed Title IX Rule tramples parental rights in K-12 by requiring public elementary and secondary schools to affirm a child’s gender identity without the approval or knowledge of his or her parents.

 

Any Title IX regulation must uphold the right of parents to know what is occurring in the classroom. Parents, not school officials, have the right to direct the education, healthcare, and treatment of their children and to teach their children about issues of sex and gender identity without interference from school districts.

But the Biden Education Department’s proposed Title IX rule undermines parental rights by ...

You can act now to share your comments with the US Department of Education. The US Department of Education officially published the Title IX Notice of Proposed Rulemaking on July 12, 2022. They are accepting public comments on the Notice of Proposed Rulemaking until Monday, September 12.

 

We’ve focused on women's sports, free speech, due process, and parental rights. Those wishing to submit comments can do so using the suggested template language or submit their own message. This DFI site sends the comment to the federal rulemaking comment portal for the rule. 

Helpful Links

Defense Of Freedom Institute

Defense Of Freedom Institute

Defense Of Freedom Institute

Independent Women's Law Center