Thread by @WomensLibFront

WoLF submitted public comments to the US Department of Education's proposed Title IX regulations.

#SexNotGender #TitleIX

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Written by one of our Advisory Council members, our comments express our deep concern about how these proposed rules will harm women and girls.

#SexNotGender #TitleIX

Since 1972, Congress has interpreted "sex" under #TitleIX as allowing differential treatment based on sex in some settings, including single-sex athletics, toilets, locker rooms, & showers. These exist to ensure women have safe, equal access to educ. opportunities. #SexNotGender

Single-sex provisions are critical for safety, dignity & fairness, esp. for women and girls seeking to avoid or heal from male violence. Now, the Dept proposes rules that grant males access to female-only spaces based on self-declared “gender identity." #SexNotGender #TitleIX

#TitleIX prohibition of sex discrimination covers same-sex attraction, sex-related characteristics such as pregnancy, & sex-stereotype nonconformity. But it's impossible to protect people on basis of these characteristics while also protecting "gender identity." #SexNotGender

The #TitleIX proposal does not define "sex" or "gender identity," resulting in rules that are confusing and contradictory. Sex is a biological characteristic. Gender is a subjective feeling.

#SexNotGender

Women have fought for single-sex spaces where they have some measure of dignity, privacy, and protection from sexual abuse by males. Allowing men to access these spaces based on “gender identity” diminishes women's safety to accommodate men's feelings.

#SexNotGender #TitleIX

Many millions of people are affected by these proposed rules, including almost all institutions that provide educational opportunities, such as public schools, private schools, libraries, and juvenile justice facilities.

#SexNotGender #TitleIX

#TitleIX is a bedrock civil rights statute that has made great progress toward removing discriminatory barriers to educational programs; it helped women and girls achieve wonderful advances during its five decades of existence.

#SexNotGender

#TitleIX has enabled women and girls to overcome discrimination "on the basis of sex" during its five decades of existence. Equating sex with "gender identity" in the following provisions is therefore a step backward for women's rights:

Redefining the scope of Title IX as including “gender identity,” giving “gender identity” coequal status with sex, under proposed 34 C.F.R. § 106.10.

#SexNotGender #TitleIX

Making it a violation of Title IX for funding recipients to maintain single-sex spaces, athletics, or other activities or programs where “sex” is understood to mean the distinction between male and female, under proposed 34 C.F.R. § 106.31(a)(2).

#SexNotGender #TitleIX

Dictating that recipients must allow self-identification of sex and self-identification of “gender identity” for pre-employment and pre-application inquiries under proposed 34 C.F.R. § 106.21(c)(2)(iii) and proposed § 106.60(d).

#SexNotGender #TitleIX

Granting legal protections for “gender identity” at the expense of longstanding protections sex-based rights and protections, contrary to the text and legislative purpose of Title IX, under proposed 34 C.F.R. § 106.31(a)(2).

#SexNotGender #TitleIX

Creating a strong likelihood that people will be silenced or punished under the expanded definition of sex-based harassment under proposed 34 C.F.R. § 106.2, in light of proposal to protect “gender identity” under proposed §§ 106.10 & 106.31(a)(2).

#SexNotGender #TitleIX

Failing to properly consider and weigh the costs of the proposed regulations on different categories of people, including differential benefits and costs to males versus females, and to people who self-identify as "transgender" versus those who do not.

#SexNotGender #TitleIX

Failing to consider how all of the proposed “gender identity” provisions will complicate or impede the ability of juvenile justice facilities to comply with legal requirements under the Prison Rape Elimination Act (PREA).

#SexNotGender #TitleIX

It is consistent with #TitleIX to prohibit sex discrimination as to same-sex attraction, sex characteristics, and sex-stereotype nonconformity. However, the proposed "gender identity" rules are contrary to Title IX, and harm the interests of women and girls.

#SexNotGender

Read WoLF's #TitleIX comments here:

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Learn more about our work here:

#SexNotGender

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