The new Title IX rules, however, do not have any direct rules related to transgender athletes in girls’ and women’s sports. About two dozen states have restricted participation in high school and college women’s sports to only biological women. It’s unclear whether these rules would violate the new interpretation of violations based on sex discrimination.
It’s also unclear how these rules would affect state laws that restrict bathroom and locker room access to a person based on his or her biological sex rather than gender identity or whether it would jeopardize free speech in relation to the use of a person’s preferred gender pronouns when those pronouns do not align with the person’s biological sex. The new rules did not clearly explain how the new definition would apply to such situations.
Alliance Defending Freedom Legal Counsel Rachel Rouleau expressed concerns that the Biden administration’s new definition of sex discrimination would negatively impact the rights of girls and women in education institutions.
“The Biden administration’s radical redefinition of sex turns back the clock on equal opportunity for women, threatens student safety and privacy, and undermines fairness in women’s sports,” Rouleau said in a statement on Friday.
“It is a slap in the face to women and girls who have fought long and hard for equal opportunities,” she added. “The administration continues to ignore biological reality, science, and common sense, and women are suffering as a result. The administration’s new regulation will have devastating consequences on the future of women’s sports, student privacy, and parental rights.”
Sarah Parshall Perry, a senior legal fellow at the Heritage Foundation and former senior counsel at the United States Department of Education, said in a statement that Title IX is being “manipulated” by “gender activists and woke politicos” through these actions.
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