Issue Toolkit:

Stop Biden’s Title Ix Rule Change

Background information

Note: The comment period closed May 15th, 2023. The comment section is therefor no longer open. We are leaving the rest of the toolkit published for reference. Thank you to all who participated.

About Biden’s New Regulation

Girls deserve to clear the red tape at the finish line of a race…not as an obstacle to keep them from competing altogether.

But Biden’s latest regulation directly attacks women’s sports by requiring schools to allow males who self-identify as female to compete.

The Department of Education writes about their new rule: “Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity.”

The Biden administration is playing a deceptive game with women’s sports. Their rule insists males must be allowed to play in women’s schools unless a school can demonstrate to the Department of Education how it will jeopardize the physical health of young women.

This is a false standard that puts girls on defense, making them justify the existence of their own sports and places. Young female athletes will be forced to advocate with their schools and with the federal government for their own safety and equal educational opportunity.

Biden’s regulation creates an almost unclearable hurdle—for every women’s sport, every school will be forced to demonstrate the risk of a “sports related injury” to females in order to prevent the participation of males. This is a mountain of bureaucratic paperwork for each and every school. Rather than providing “needed clarity” to Title IX as the Department of Education claims, it further muddies the waters on women’s sports.

This proposed rule tips the scales in favor of male athletes who identify as women–not in favor of the girls and women for whom Title IX was enacted. The reality is schools will be forced to allow boys and men to compete with women and girls in fear of violating Title IX, and at the risk of losing their funding from the Department of Education.

For schools, the cost of this regulation is substantial—the Biden administration readily admits that “the Department cannot fully quantify the economic impact of the proposed regulation.” For women, the cost of this regulation is more than substantial—it’s immeasurable—it destroys fairness, erases their spaces, threatens their safety, and eliminates their opportunities.

The consequences of such a rule change would be monumental. It:

  • Deprives women of privacy, safety, and opportunities. Biden’s new rule will erase women’s athletics and create a significant barrier for female athletes to compete in sports. Male athletes, who possess immutable physical advantages over females, will often be able to outperform female athletes, resulting in females losing spots on teams and losing scholarship opportunities.

  • Contradicts state laws in twenty-one states that protect students and prevent male athletes from competing in women’s sports. States like Arizona, Arkansas, Florida, Georgia, Idaho, South Dakota, and Texas have all passed legislation that protects women's sports. The Biden administration will impose onerous burdens on schools in order to meet federal reporting requirements.

  • Negatively impacts educational and career opportunities for women. One study revealed that 94% of senior female executives played competitive sports. By allowing males to compete in women’s sports, it doesn’t just impact their scholarships, but their opportunity to get on the playing field in the first place. This will hurt women in the long run.

  • Harms childhood development by redefining sex and gender. The worst impacts of this rule change go beyond sports and trophies. Indoctrinating children in their most formidable years with the Left’s radical gender-ideology will cause irreparable harm. Up to 98% of children who struggle with their sex as a boy or girl come to accept their sex by adulthood. Our boys and girls need to be nurtured and educated, not taught to question fundamental facts of their biology.

Particularly in the realm of women’s sports, far-Left activists will claim that men can compete fairly with women given the proper hormone suppression therapy. This suggestion is wrong.

Men possess immutable physical advantages over women like greater lung capacity, higher bone density, and greater muscle mass. These distinct characteristics cannot be suppressed by hormone therapy, which makes the participation of men in women’s sports inherently unfair.

The Biden administration is not only out-of step with biological reality, they are out of step with the American people. Heritage Action’s 2021 polling found two-thirds of American voters across the country think boys and men who say they identify as transgender should not be allowed to compete in girls’ and women’s athletics.

This issue is bigger than just sports.

Instructing children to question their own gender and biology at young and developing ages is a radical new experiment in social engineering. It’s part of a political agenda that is being pushed by “woke” activists and is completely untethered from actual science.

For the radical Left, encouraging young children to question their sexual identity is not a stand-alone issue, but part of a larger effort to dismantle American culture and replace it with Marxist ideologies as taught by critical gender theory and critical race theory.

It’s why Marxist organizations like Black Lives Matter Inc. publicly reject the nuclear family alongside its push to defund the police. Americans have recognized defunding the police is a failed idea. Likewise, rejecting families, redefining gender, and erasing protections for our children are failed ideas.

Consistently, the Left’s “woke” activists are wrong and destroy everything they touch. Their policies have brought crime rates in our cities to record highs—and their agenda is destroying our schools and harming our children too.

Key Points

  • Title IX was meant to promote women’s athletics. Biden’s new rule will erase women’s athletics and create a significant barrier for female athletes to compete in sports. Male athletes, who possess immutable physical advantages over females, will often be able to outperform female athletes, resulting in females losing spots on teams and losing scholarship opportunities.

  • Women will lose out on scholarships, resulting in lost educational and career opportunities. This new rule will allow men to rob women of not just their trophies, but their scholarships too. This impacts corporate boardrooms—one study revealed that 94% of senior female executives played competitive sports.

  • This rule change puts women and girls at risk of serious physical harm. Women and girls will be forced to compete against males who hold a physical advantage over females. Female athletes will face a much higher risk of serious physical harm every time they participate in practice or competitions.

  • Students will be in jeopardy of losing funding at their schools. The Left claims to be pro-student, but any school that maintains separate sports males and females without specific approval from the Biden administration will be at risk of losing federal funding.

  • This issue is bigger than just sports, and it affects our sons as well as our daughters. Teaching children to question their biology and gender is untested and unscientific. Young children and developing adolescents are being harmed by this woke political agenda. After so-called “sex-reassignment surgery,” girls and boys are nearly 20 times more likely to die from suicide than the general population.

  • Don’t redefine our daughters and sons’ identities. Up to 98% of children who struggle with their sex as a boy or girl come to accept their sex by adulthood. Our boys and girls need educators and mentors to support parents as they raise strong, loving, and intelligent men and women. At school, students should receive education and reinforcement, not a government imposed identity crisis.

Social Posts (remember to insert the social handle of your member)

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The Biden administration is trying to erase women’s sports. Help us fight to protect women’s safety and opportunities! https://heritageaction.com/title9

Tweet This:

Title IX was meant to protect women’s sports, not erase them. Fight back against Biden’s dangerous rule by submitting a comment now! https://heritageaction.com/title9

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