Recently, the administration of President Biden proposed amending regulations to implement a new interpretation of Title IX. Title IX prohibits recipients of federal financial assistance from discriminating on the basis of sex in education programs or activities.

“Title IX has historically been the key to protecting women’s rights in education in the United States,” said Rep. Allen. “Title IX ensured an equal playing field for men and women and for boys and girls by discouraging discrimination on the basis of sex.”

In the recent Supreme Court ruling of “Bostock vs Clayton County,” the court wrote that all parties conceded that the term “sex” as originally written in Title IX referred to biological distinctions between male and female. Gender in current language is argued to be a social construct while sex has to do with your biology. A transgender person has changed the social construct by which they define themselves, but while they present differently, their underlining biology and DNA has not changed. Therefore, their sex has not changed, and Title IX was enacted to protect discrimination based on sex.

One of the significant achievements of Title IX was to give women and girls an opportunity to participate in sports by ensuring that any sports offered for males would also be offered to females so that they could compete without any biological disadvantages. Now under President Biden’s proposed regulation, biological women will be unfairly treated by very likely being forced to compete against biological men.

“President Biden’s attempt to radically change the purpose of Title IX threatens the essence of giving women equal rights to men,” said Rep. Allen. “Biological women need to know that they will be treated fairly.”

Those interested in commenting on the proposed rule change (1870-AA16) can contact Anne Hoogstraten via mail: Department of Education, Office for Civil Rights, 400 Maryland Avenue SW, Room PCP-6148, Washington, DC 20202 or via phone: 202-245-7466 or via email: [email protected].

Rep. Allen said, “It’s sad to see President Biden’s administration removing the hard fought rights of women in this country, and I encourage all Wisconsinites who are concerned with this proposed rule change to comment.”

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