I'm reading through the unofficial final Title IX rule right now, and my first takeaway is that it appears to have been written entirely by TRAs. My second takeaway is that if this stands, we have permanently ended women's sports.
Third takeaway: There are First Amendment problems with this regulation that the agency repeatedly dismisses without addressing. This will be a problem for the Biden admin in litigation.
Also, these are arguments that will come up in litigation. (from p. 1214)
"The Department’s interpretation of Title IX to cover sexual orientation and gender identity discrimination readjusts the balance between State and Federal authority, implicating the Tenth Amendment, sets up potential conflicts with State laws, weakens local control of education, and undermines the Department’s compliance with the Department of Education Organization Act, 20 U.S.C. 3403(b)."
Here is the DOE's response to the argument that coverage of sexual orientation and gender identity discrimination is at odds with the purpose of Title IX:
If you want to read for yourself: Ctrl + F "Gender" www2.ed.gov/about/offices/…
What I can't wrap my head around is that the entire 1577-page document requires a person to suspend truth and biological reality and believe in a very specific abstract ideology.
One of the problems that led to this absurd result is the civic illiteracy of Americans. 9 out of 10 people have no idea this is going on. They had no idea there was a public comment period, or how to participate. They won't find out this happened until their daughter loses to a male in some athletic contest.
@SteveMillerOC To expand, if we are forced under the law to accept the notion that a man who wishes to identify as a woman is a woman, then we cannot exclude that woman from female sports.
If you haven't read the text of Title IX, you should. Essentially, today's rule attempts to undermine the entire statute and its purpose. Biden and Cardona have literally no idea what they are talking about. They will be sued, and they will lose. justice.gov/crt/title-ix-e…
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