Biden's final Title IX regulations will bow to gender ideologues' wishes nationwide

The Biden administration has released its final Title IX regulations, effectively establishing "gender identity" as a protected class and forcing around 17,600 school districts, 5,000 post-secondary institutions, and various charter schools, for-profit schools, libraries, and museums across the nation to indulge the reality-defying identifications of the LGBT ideologues in their midst — at the expense of the very cohort the civil rights law was initially intended to help.

Title IX of the Education Amendments of 1972 has long prohibited discrimination on the basis of sex in federally funded education programs or activities.

According to the late Sen. Birch Bayh of Indiana, the Democrat who formally introduced Title IX to Congress, the idea behind the legislation was largely to "provide for the women of America something that is rightfully theirs — an equal chance to attend the schools of their choice, to develop the skills they want, and to apply those skills with the knowledge that they will have a fair chance to secure the jobs of their choice with equal pay for equal work."

Whereas in Bayh's day, Americans understood there were only two sexes requiring equal protection, Democrats today have evidently taken the philosophical position that sex is a social construct. The Biden administration — which has proven incapable of defining "woman" — has transmogrified Title IX in an apparent effort to systematically accommodate this misunderstanding.

The new rules announced by the Department of Education Friday clarify that sex discrimination now includes sexual preferences and "gender identity" and further clarify "that sex-based harassment includes harassment on these bases."

The regulations state that a school "must not separate or treat people differently based on sex in a manner that subjects them to more than de minimis harm," stressing that preventing "someone from participating in school (including in sex-separate activities) consistent with their gender identity causes that person more than de minimis harm." Such perceived harm would be grounds for litigation.

The corresponding rule, Section 106.31(a)(2), not only applies to dress and grooming codes but to locker rooms and restrooms as well. Federally funded institutions that refuse to allow men into girls' lavatories could face legal action under the revised scheme.

The Biden administration did not apply this understanding to sex-separate living facilities and sex-segregated sports teams. The DOE did, however, note that it "intends to issue a separate final rule to address Title IX's application to sex-separate athletic teams."

DOE Secretary Miguel Cardona said in a statement, "These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights."

Former Trump Education Secretary Betsy DeVos told the National Review, "I never thought I'd see the day where Title IX would be used to harm women, but sadly, that day has come."

"The Biden Administration's radical rewrite of Title IX guts the half century of protections and opportunities for women and callously replaces them with radical gender theory, as Biden's far-left political base demanded. This regulation is an assault on women and girls," added DeVos.

All-American swim star Riley Gaines, presently suing the National Collegiate Athletics Association for allowing transvestites to invade women's sports and locker rooms, tweeted, "The Biden Admin has just officially abolished Title IX as we knew it. Now, sex = gender identity."

Gaines suggested further the new rewrite means "men can take academic AND athletic scholarships from women"; "men will have FULL access to bathrooms, locker rooms, etc"; "students and faculty MUST compel their speech by requiring the use of preferred pronouns"; and "if the guidelines above are ignored or even questioned, then YOU can be charged with harassment."

Megyn Kelly said, "These regs are a nuclear level attack on women's rights and men's due process rights. JOE BIDEN MUST GO."

Kelly added in a subsequent post that not only will girls be forced to share locker rooms "with aroused men who get off on posing as women," but a young man "will be stripped of his due process rights if he is accused by anyone on campus of sexual misconduct."

Kelly was referencing the Biden administration's elimination of the sexual assault due process rules put in place by the Trump administration.

Fox News Digital indicated that colleges will no longer have to hold live hearings and allow students to cross-examine one another through representatives.

Kim Shasby Jones, head of the Independent Council on Women's Sports, said, "My heart breaks. Women are facing the ultimate betrayal by the Biden administration. We can't protect, defend, or even advocate for what can't be defined. Women - 51% of the population - zero recognition under federal law. Title IX - now a weapon to remove women's rights."

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