Title IX revision sparks State revolts

A week and a half ago, the Biden administration finished a sweeping revision, that they began two years ago, of rules for implementing Title IX of the Education Amendments of 1972 – or “Title IX” for short. The proposals from two years ago started enough alarm – concerning disciplinary process for sexual harassment complaints on campus. Indeed the alarm concerned possible sanctions against male students, not only male faculty or staff. But the new rules turned out to include something that almost negates all the alleged “protections” for sexual misconduct complainants. Under these new rules, men can pretend to be women and – before or after undergoing any Dr. Moreau treatment – enter the most intimate of women’s spaces. Five States have signaled their refusal to comply, thus assuring a legal showdown.

What the new Title IX rules do

As mentioned, the Biden administration started talking about amending the Title IX rules two years ago. Reason magazine detailed the changes that would affect certain due-process protections the Trump administration had put in place. By all accounts, those proposals are in place – along with other proposals to implement part of the Alphabet Soup agenda. (More on that below.)

Under the new rules,

a male teacher, other employee – or student – facing an accusation that he:

• Demanded sexual favors of a female member of the community, favors she was in no mood to grant, or worse:
• Forced intimate contact, or even his mere company, upon such a female member without an invitation,

would face a judicial regime only Franz Kafka could love. Specifically:

1. Sexual harassment would include “unwelcome conduct” either severe or pervasive enough to make the woman feel she could not continue her education or other participation in the community. That could include the telling of bawdy jokes, or offering sexually charged compliments. All a woman need say is that she took such compliments as a threat, and that would suffice. Furthermore, the accused would face a process:
2. That need not include any hearing,
3. Conducted by one investigator only,
4. With no guarantee that he could see the evidence offered against him. Furthermore:
5. The educational institution would have to report the incident, whether the female complainant wished that or not.

Furthermore the standard of proof would be preponderance of the evidence, not beyond reasonable doubt.

Concerning Alphabet Soup

Margaret Flavin of The Gateway Pundit described other new Title IX rules that Reason did not discuss. Specifically, female athletes – at all levels of schooling, not only at college or university – must:

1. Share bathrooms, locker rooms, and changing rooms based on “gender identity,” which a person only need declare,
2. Compete directly against biological men, and
3. Accept biological men as members of their teams.

Furthermore, anyone who refers to a “transgender” by other than said person’s “preferred” third-person singular pronouns, violates these new rules.

Former college swimmer Riley Gaines lost a trophy to a mediocre male – Will Thomas – who changed his name to Lia and put on women’s swimwear, but, by all accounts, did not submit to the Dr. Moreau-style surgical and hormonal treatments to “transition” him into the likeness of a woman. (Whether Will “Lia” Thomas has actually had his name changed legally, in court, or ever found a Dr. Moreau to “transition” him medically, remains unclear.)

Gaines tried to make her point at San Francisco State University. Alphabet Soup activists assaulted her, chased her into a room, and demanded a money “ransom” in exchange for safe conduct. The university dismissed her complaint and – adding insult to injury – insisted the incident was peaceful.

Several States now have laws against all of the above, plus the Dr. Moreau-like surgical mutilation and hormonal poisoning. Ohio passed one such law over the veto of Gov. Mike DeWine. The American Civil Liberties Union is challenging it.

Reactions by various States to the new rules

Governors, Attorneys General, and/or State Superintendents of Education in five States have revolted against the new rules. Key to understanding why superintendents of elementary and secondary education, not merely higher education, must concern themselves with this rule, are these X posts by May Mailman, Director of the Independent Women’s Law Center.

Attorney General Andrew Bailey of Missouri said flatly that such changes would not occur “on [his] watch.”

The site NBC Montana reported similar revolts from Louisiana, Oklahoma, South Carolina, and Florida. Louisiana’s Superintendent of Education said the new rules contradict Louisiana’s Fairness in Women’s Sports Act. He sent a letter to various school boards telling them to hold off on any changes. (The new rules apparently take effect on August 1.)

South Carolina Superintendent Ellen Weaver sent a similar letter to district superintendents in her State.

Oklahoma Superintendent Ryan Walters said the new Title IX rules contradict State and federal law.

Gov. Ron DeSantis (R-Fla.) said simply, “We will not comply.”

Florida rejects Joe Biden’s attempt to rewrite Title IX. We will not comply, and we will fight back.

We are not going to let Joe Biden try to inject men into women’s activities.

We are not going to let Joe Biden undermine the rights of parents. And we are not going to let Joe Biden abuse his Constitutional authority to try to impose these policies on us here in Florida. We stand with opportunities, we are not going to let Biden get away with it.

We will not comply.

Deconstructing Title IX and the changes

Title IX will always be The Federal Law That Canceled Many Men’s Sports. Title IX was supposed to ensure equal opportunities for women in sports. But its implementation amounted to equal proportions of male and female students on varsity and, where applicable, junior varsity teams. Thus athletic directors canceled most sports that could never attract equal numbers of male and female participants. That’s why boys’ wrestling is no longer offered at most high schools in America today. Football and basketball are – mainly because the alumni donors will support them but will not support other “men-only” sports.

But these new rules make a mockery of any good intentions those who wrote Title IX might have had.

CNAV is of two minds about the rules involving complaint-handling process for males accused of inappropriate and especially “unwelcome” conduct toward females. On one hand, depriving any male of employment or educational opportunity, without due process, violates the spirit of the Constitution. An adult would have a cause of legal action – and a minor would get a poor civics lesson if such lack of due process ever became the norm, in any context.

On the other hand, school – especially elementary and secondary school – is no place for sexual relations. Likely no real problem exists that a return to good old-fashioned chaperonage wouldn’t repair. Perhaps a return to separate institutions for males and females, with provision for classroom exchange (except in athletics and physical education) would be in order.

But about the Alphabet Soup…!

But the Transgender Folly rules are worse. Women’s sports were never intended as the refuge for mediocre males. As many have already observed, these rules end Title IX. At least the old Title IX sought to enhance women’s opportunities. These new rules destroy them.

This could be grounds – along with interpreting EMTALA to mandate abortion – to end the current federal-funding regime. Five States have already said, “No” to the new rules. The Education Department will likely take legal action, and cite the receipt of federal funds to claim standing. States can and should consider foregoing federal funds to negate, or nullify, such standing. Nullification could accomplish much to restore the autonomy the States thought they were retaining when they:

• Ratified the Constitution, or
• Applied to Congress for admission to the Union after the Constitution came into force and effect.

However it happens, if any federal program required nullification, it’s Title IX. That Title is totally out of control – especially when it normalizes turning schools into Islands of Dr. Moreau.