Biden’s New Title IX Rule Mandates Radical Gender Policies

What’s happening: President Joe Biden’s Education Department released the final version of a Title IX regulation banning “discrimination” based on “gender identity” in federally-funded schools.

• Reminder: Title IX of the Education Amendments of 1972 prohibits mistreatment “on the basis of sex.” For decades, it was celebrated for protecting women from sexual harassment and discrimination.

The new version: The Biden administration has flipped the law on its head by deciding that “sex” means “an individual’s sense of their gender, which may or may not be different from their sex assigned at birth.”

• Sharing private spaces: The Education Department said males do not “pose a safety risk” to females when sharing single-sex spaces and that women have no “legitimate privacy interest” in such scenarios.

• Pronoun police: The department has previously argued, and continues to say in the new policy, that repeatedly “misgendering” a student is a form of “harassment.”

• Silent on sports: Republicans have highlighted the clear domination of men in women’s sporting competitions yet the new policy fails to address athletics.

The scope: Biden’s regulation touches every public K-12 school, public college campus, and all private schools receiving federal funding.

Why it matters: There is no basis for this regulation in the plain text of Title IX. The Biden administration cites only court decisions agreeing with its ideological revision of the law, allowing the president to bypass Congress in creating radical policies that face more opposition than support among Americans, according to polling.

What’s next: The new rule goes into effect on Aug. 1. It will likely face legal challenges.