DOE Backs Away From Controversial Title IX Plan

In the Face of Overwhelming Opposition, DOE Backs Away from Controversial Title IX Plan

Rbecca Hain

WASHINGTON / August 31, 2023 – Responding to growing criticisms from many sectors of society, the U.S. Department of Education (DOE) reportedly is delaying the release of its controversial Title IX regulation until 2024 or later. A Higher Ed Dive article confirmed that the DOE “hasn’t even sent its regulatory plans to the Office of Management and Budget, which can take up to 120 days to review them.” (1)

The Title IX regulation would have had far-reaching effects on campus due process, free speech, women’s sports, parental rights, and gender transitioning among underage students.

Opposition to the policy has come from many directions:

Lawsuits Against the DOE: On June 14, 2023 the Texas Attorney General filed a lawsuit challenging the Department of Education’s Title IX guidance as an illegal effort to force schools to adopt transgender ideology (4). The Texas lawsuit was the fifth such lawsuit filed against the Biden Administration for its Title IX-related proposals (5).

Calls for Abolition: Republican presidential candidates Ron DeSantis, Mike Pence, Vivek Ramaswany, and Tim Scott have issued calls for the abolition of the DOE (6). Forty-seven state lawmakers have made similar calls (6).

Criticism from Liberals: The liberal Gays Against Groomers has been one of the most vocal critics of the transgender movement. On August 22, Gays Against Groomers posted a tweet saying, “Norway, Finland, Sweden, Holland and the UK have now BANNED gender transition surgeries and drugs for minors. WHEN WILL THE UNITED STATES CATCH UP?!” (7)

Legislation: Numerous bills were introduced and laws enacted to counter the effects of the proposed Title IX regulation:

  • Thus far, 134 bills designed to restrict transgender treatment for underage children have been introduced in states around the country (8).
  • Laws designed to protect women’s sports were enacted in Alabama, Kansas, North Carolina, North Dakota, Texas, and Wyoming (9).
  • On June 16, Alabama Gov. Kay Ivey signed a bill to codify parental rights as fundamental, making Alabama the 18th state in the nation to formalize this protection (10).

Due Process Victories: Falsely accused male students continue to win due process lawsuits against their former universities (11). On August 22, an Oregon jury awarded the largest jury verdict ever — nearly $4 million — to a man wrongfully accused of a Title IX offense (12).

The proposed Title IX regulation re-defined the meaning of the Constitution, especially the First and Fourteenth Amendments; usurped Congressional responsibility by seeking to change the definition of sex to include “gender identity;” and negated the Supreme Court’s Davis v. Monroe definition of sexual harassment (13).

Currently, 217 national, state, and local groups belong to the Title IX Network, which stands in principled opposition to the DOE’s proposed changes to the Title IX law (14). Organizations wishing to join the Title IX Network should contact Robert Thompson at rthompson@saveservices.org

Links:

  1. https://www.highereddive.com/news/final-title-ix-rules-likely-to-be-pushed-beyond-october/692378/ 
  2. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  3. https://www.ipsos.com/en-us/news-polls/npr-transgender-issues-2022
  4. https://www.texasattorneygeneral.gov/sites/default/files/images/press/2023/docs/filed%20Title%20IX%20complaint.pdf
  5. https://www.saveservices.org/2022-policy/network/
  6. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  7. https://twitter.com/againstgrmrs/status/1694074990121951321
  8. https://www.equalityfederation.org/tracker/anti-transgender-medical-care-bans
  9. Email from Doreen Denny, Concerned Women for America, August 31, 2023.
  10. https://parentalrightsfoundation.org/parental-rights-fundamental-in-18-states/
  11. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
  12. https://www.opb.org/article/2023/08/21/pacific-university-forest-grove-oregon-education-lawsuit-sexual-physical-assault/
  13. https://www.law.cornell.edu/supct/html/97-843.ZS.html
  14. https://www.saveservices.org/2022-Policy/

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