Fri • May 17, 24

Biological males who identify as female will soon be free to hang out in school bathrooms and locker rooms. If you missed the news, it’s because the Biden regime likes to sneak out unpopular actions late on Friday afternoons. On April 19, Biden’s Department of Education released its changes to Title IX. Under the 1,500-page rewrite, which is scheduled to go into effect Aug. 1, the definition of being a woman is broadened to include anyone who identifies as a woman. New protections added to the guidelines include sexual orientation and gender identity. It even provides a 26-page resource guide to help schools draft policies and procedures for tracking people who discriminate based on these new classifications and suggestions for how to punish offenders who refuse to comply with their woke agenda. Any schools that don’t comply by that date are subject to losing federal funding. Defenders of women’s sports and safe spaces are not happy.

Men Can Win Scholarships Established for Women

“The Biden administration has just officially abolished Title IX as we knew it. Now, sex = gender identity,” Riley Gaines, a top-ranked collegiate swimmer turned women’s rights activist, blasted on X. She explained that the new rewrite, which ignored tens of thousands of objections from the public, means the following: men can take academic AND athletic scholarships from women; men will have FULL access to bathrooms, locker rooms, etc.; men could be housed in dorm rooms with women; and students and faculty could be mandated to use preferred pronouns, a clear violation of the First Amendment’s protections against compelled speech. Gaines goes on to say that “if the guidelines above are ignored or even questioned, then YOU can be charged with harassment.”

New Guidelines Affect K-12 and Colleges 

Title IX was enacted in 1972 as part the Education Amendments of 1972. It paved the way for women’s sports to grow and thrive on college campuses across the United States because it prohibited sex-based discrimination in any school or education program that gets federal funding. Because so many education programs enjoy these federal hand-outs, it affects schools ranging from K-12 through college. 

22 States Have Filed Lawsuits to Stop the Guidelines from Taking Place  

The good news is that many red states are fighting back and suing based on the grounds that the update is illegal. And while the Department of Education initially claimed this ruling would not affect athletics, all the attorney generals who filed suit are assuming it’s only a matter of time before it will. So far, at least 22 states have filed lawsuits against the Biden Administration’s Department of Education. First to sue were Texas, Florida, Georgia, Alabama, Idaho, Indiana Kentucky, Louisiana, Mississippi, Ohio, South Carolina, Tennessee, Virginia, West Virigina and Montana. A week later, seven other states jumped into the fight: Arkansas, Iowa, Missouri, Nebraska, North Dakota, Oklahoma and South Dakota.

In fact governors in these states have taken an extra step advising education institutions in their states NOT to comply with the rules because they violate women’s protected spaces, along with fairness as we’ve already explored in Why are biological males competing in women’s sports?”

Weaponizing the Department of Education 

Schools are also suing over the new rules. Alliance for Defending Freedom,  a legal defense firm that handles pro bono cases, recently announced cases in states including Kansas, Tennessee, Arkansas, Louisiana and Texas.  ADF was founded in 1994 and was involved in 74 U.S. Supreme Court wins and directly represented parties in 15 Supreme Court wins. In the recently filed case, “State of vs, U.S. Department of Education” it states on its website, “On behalf of female athlete organization and female student, ADF attorneys join Kansas Attorney General and three other states to preserve fairness, privacy, safety, and free speech in education.”

Meanwhile at the K-12 school district level, the Rapides Parish, Louisiana, School District and Southlake Carroll ISD, (CISD) in Southlake, Texas. CISD are both moving forward with litigation to fight the Title IX changes.  

The Title IX changes are the latest round in an increasingly politicized DOE. Last year the Office of Civil Rights within the DOE received 19,201 complaints alleging discrimination that happened in educational settings, up 2 percent from the year prior and triple what they were in 2009. For fiscal year 2025, Biden is requesting a $22 million increase for this department, for a total budget of $82.5 billion. 

It’s a well-known secret that left-leaning groups are using the office to push through gender ideology, restorative justice and other DEI changes to curriculum and school policies. This started under Obama and exploded under Biden, who publicly encouraged people to make claims at 2023 Pride rallies and even ran an ad campaign to get people to file. Instead of working with local schools to settle disciplinary matters, many are beelining to the Feds to force changes. Read through the DOE’s Case Processing Manual to see the low bar and scant legal standing required to file a case. Get this: you can file an OCR case about someone else without their permission.  It even has an online tracker to tell you all the cases for elementary through post-secondary schools. Yes, you read that right. Elementary schools are being dragged into this mess. It’s time schools were allowed to get back to education not indoctrination.