The Biden Administration has proposed a new rule to use Title IX, the federal ban on sex discrimination in federally funded education, to advance its radical transgender and non-binary ideologies, unconstitutionally stifle dissent, and abrogate due process at American schools and universities.
The proposed rule expands the activities subject to discipline under Title IX and, except for members of teachers’ unions, eviscerates due process protections for those accused of violating the new expansive definition of “sexual discrimination,” even if the alleged violation has nothing to do with the university’s mission and occurs outside the United States. Because the enforcement sections of the rule incorporate similar Obama-era rules that have been rejected by hundreds of courts, the Biden administration knows its rule is unconstitutional and unlawful.
Enacted as part of the Education Amendments of 1972, Title IX provides that:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
In its 1979 opinion Cannon v. University of Chicago, the Supreme Court explained that the objective of Title IX is to “avoid the use of Federal resources to support discriminatory practices” and to “provide individual citizens effective protection against those practices.” In 1972, women comprised 43 percent of college students and generally less than a quarter of professional and graduate students.