Attorneys general for 15 states are urging the Department of Education to give up on its agenda to redefine “sex” to include gender identity under Title IX, the federal civil rights law governing equality in education.
That has been attempted, unsuccessfully, in the past, simply because it requires officials to believe that Congress, when it adopted the law decades ago, intended that transgender issues would be protected in its definition of “sex.”
According to a report in the Washington Times, Joe Biden now “is on a collision course with red states on civil rights and gender identity.”
The 15 attorneys general say they’ll sue to protect state laws on parental rights if they have to.
The Times explained, “The anticipated notice of proposed rulemaking would ‘plainly exceed the department’s rulemaking under Title IX,'” according to the AGs letter to Catherine Lhamon, assistant secretary of education for civil rights.
It warns, “Several of our states have enacted legislation to protect athletic opportunities for women by prohibiting biological males from competing in female athletics. Those laws would undoubtedly conflict with the department’s intended rulemaking. We are prepared to take legal action to uphold Title IX’s plain meaning and safeguard the integrity of women’s sports.”
At issue is the Biden’s agenda to promote, facilitate, and even pay for chemical treatments and body-mutilating surgeries for those who say they are not the sex they were born.
Biden, through the department’s Office for Civil Rights already has threatened a new “interpretation” that will include sexual orientation and gender identity.
Education Secretary Miguel Cardona last year claimed that being “free from discrimination” provides total protection for LGBT students.
But the GOP attorneys general argue that Title IX, part of the Education Amendments Act of 1972, referred only to “biological sex,” not gender self-identification, which was not even an issue during that time frame.
So far 14 states have adopted laws barring males from female sports.
The letter added, “We are also concerned that an interpretation of Title IX that goes beyond sex to include gender identity has and will be used by schools to improperly intrude into parental decision-making regarding the education and upbringing of their children. An interpretation of Title IX that supports such radical positions runs contrary to the role of the Department of Education, the text of Title IX and parents’ constitutional right to decide what is in the best interests of their children.”
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