On Monday, May 15, 2023, America’s Future submitted comments opposing the U.S. Department of Education’s (DOE) Notice of Proposed Rulemaking (NPRM) published in the Federal Register on April 13, 2023, announcing the intention of the Biden DOE to amend the Education Amendments of 1972, specifically Title IX, in a manner blatantly contravening the expressed will of Congress and patently detrimental to young women. Two other organizations joined in the submission.
Disingenuously coined, “Nondiscrimination on the basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams,” the text of this proposed rule demonstrates that Biden’s DOE is so emboldened that it will unabashedly usurp the legislative powers of Congress as a means to its end. And what, exactly, is that end? The intolerable incessant efforts to experiment with the safety, security, and well-being of teenage girls by the executive branch. Its encouragement of young males to join interscholastic female sports teams, designed specifically to give young women a fighting chance at college sports scholarships and other prized sports awards and honors, is simply unjust and cruel.
Why negate all the strides young women in sports have made since the 1970s? Why jeopardize all the benefits earned by young women excelling in athletics – the self-confidence gained by accomplishment, and the countless other rewarding aspects of participation in competitive girls’ sports teams?
Not only does the Biden DOE appear to care less, it continues to ignore the detrimental consequences to young women that arise out of its actions. The harmful stance it takes demonstrates contempt for all those born female while exposing high-school-aged (and younger) girls to unsafe, unnatural, and vulnerable situations. This latest attempt by Biden’s DOE to impose a radical agenda on the youth of America by redefining gender to erase the 50 years of favored results under Title IX is not only destructive, but it is unconscionable and entirely reckless.
As stated on page 2 of our comments, “Title IX was designed to remedy an unequal playing field in scholastic sports to elevate the opportunities for females to the level of males. The proposed rulemaking is designed to elevate the opportunities for males to intrude into female sports and facilities. Not only is it an impermissible departmental construction of Title IX, but it would also undermine Title IX.”
Biden’s DOE shall exceed its authority if it attempts to amend Title IX, a landmark law, by way of this abhorrent DOE scheme to redefine words that are not up for interpretation. We, at America’s Future, call on the DOE to withdraw its NPRM and cease and desist from the vulgar offenses it continues to inflict against women and girls in violation of the law.