President Joe Biden has been portrayed as a unifier; however, he doesn't do anything that can be said to unify. Biden's latest move isn't any different when he proposed radical new regulations on Title IX on Thursday.
The administration is proposing new rules that could make it harder for students who are accused of sexual misconduct as well as clarifying the Title IX protections against discrimination relate to gender identity and sexual orientation identity. The Department of Education website (pdf):
Therefore, it proposes that regulations currently in force should be revised to provide more clarity on the definition of discrimination based on gender as well as the obligation of recipients not to discriminate on the basis of gender stereotypes, sex characteristics such as pregnancy or other related conditions, sexual orientation or gender identification.
Title IX was passed in 1972, and it prohibits discrimination based on gender in federally-funded schools. The law states:
Any person living from the United States shall, on the basis of sexual orientation not be denied participation in, or denied the benefit of, or or be discriminated against in any educational program or activity that receives Federal financial aid.
The most notable impact has been in sports for women, whose popularity has skyrocketed after Title IX was enacted. It's a bit disturbing that a law that was intended for women's protection is being used to achieve exactly the opposite, namely to allow males from biological families to play against females.
While new rules for the participation in sports will be announced at a later time, CNN seems to think that the rules are already in place.
The new rules will clarify the Title IX protections against discrimination that are applicable to gender identity and sexual orientation identity. It is also clear that prohibiting anyone from taking part in school programs or activities that are in line with their identity is against the law.
If prohibiting someone from participating in an activity because of one's “gender identity” is in violation of law, it would mean that schools have to allow biological males to participate in women's teams.
Biden has praised the new ideas in the following statement:
“There's more to be done. When we look ahead to the next 50 years, I'm dedicated to defending this advancement and working towards achieving full equality, inclusion, and respect for women, girls, and LGBTQI+ Americans and all students.”
The new rules will go through public comments before being approved. Former Rep. Tulsi Gabbard is already expressing her displeasure about the new rules:
“The new regulations from the Department of Education will also change the policies implemented under the Education Secretary of Trump, Betsy DeVos, which expanded the rights of due process for students who are accused of sexual assault. These rules were put into place for a reason that often, students who are accused of harassment or, even more serious assault, were exiled from schools without the ability to present a case.”
From a New York Times article:
But the law's enforcement (Title IX) has also become a source of contention in particular because it was announced that the Obama administration issued guidance documents in the years 2011 and 2014 that urged schools to intensify investigations into misconduct, and warned that failure to comply could lead to grave consequences. Some critics said that schools were under pressure to accept the accusers without providing adequate rights to those who are being accused. Numerous students have been successful in court against their institutions in violation of their rights under Obama's regulations.
However, Biden doesn't believe in due process and doesn't think that the accused should be given hearings:
The Biden rules broaden the definition of sexual harassment and broaden the types of events that are reported, like incidents in non-educational programming and that schools are obliged to investigate. The rules will also allow live hearings to be a choice and not required, and permit schools to implement a procedure that proves the credibility of parties and witnesses, even though it does not require cross-examination.
Sounds fair, right?
Title IX was a milestone for women's sports as well as for women's rights.The current trend is to support activist agendas that do not actually benefit women. It's easy to understand where this is headed–the Biden Administration is laying the foundation for the law that biological men are permitted to play in female sports teams. While doing this, they trample on the rights of those who are accused, who, in the United States, are expected to receive the right to due process. No longer in school It seems.
