EXCLUSIVE — A group of House Republicans is criticizing the Biden administration over its most recent overhaul of Title IX, accusing the president of using the federal civil rights law to advance a “radical gender ideology” that threatens women’s rights.
In a memo circulated by the Republican Study Committee on Wednesday, the conservative caucus criticized President Joe Biden over his long-awaited final rule expanding Title IX to prohibit discrimination based not only on sex but also sexual orientation and gender identity. The revised rule, the Republicans argued, would stifle free speech and threaten women’s safety at schools.
“The modern debate regarding Title IX protections for women and girls in schools is not a question of conservative versus liberal values. Instead, it is a matter of common sense, safety, and fairness versus an agenda that seeks to pit biological men against women and radical activists against parents,” states the memo, first obtained by the Washington Examiner. “Conservatives must unite to oppose President Biden’s assault on Title IX and ensure that women and girls are afforded safe and fair opportunities throughout their educational careers.”
Title IX, enacted in 1972, prohibits educational institutions that receive federal funding from sex-based discrimination and covers the vast majority of schools in the country, ranging from preschool programs all the way up to colleges.
Under the revised rules, released in April, transgender students will have more protections if they are not referred to by their preferred pronouns or limited in which school facilities they are able to access. These rules, the RSC argued, could be used to force schools to allow transgender students to enter “girls’ private spaces,” such as bathrooms and locker rooms.
“Access to sensitive school spaces such as bathrooms, locker rooms, and showers should be strictly separated on the basis of biological sex,” the memo states. “Any other policy raises unacceptable risks to student privacy and safety.”
Democrats praised the final rule as needed to protect transgender students, as well as a separate decision to roll back Trump-era Title IX provisions that give additional protections to students accused of sexual misconduct.
The Biden administration had considered implementing a policy governing transgender athletes, but those rules have been delayed in a move widely attributed to election-year politics. The Education Department did not respond to a request for comment by press time.
Additionally, House Republicans are accusing Biden of using the U.S. Department of Agriculture’s Food and Nutrition Service to hold back certain federal funds unless schools agree to implement the Title IX changes. The memo points to guidance by the USDA that was issued in 2022 directing states that participate in programs such as the Supplemental Nutrition Assistance Program to broaden Title IX protections to include gender identity and sexual orientation.
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“As such, schools would be required to update their non-discrimination policies to prohibit discrimination based on gender identity and sexual orientation, as well as investigate allegations of such discrimination,” the RSC wrote. “Therefore, if a school wanted to maintain separate bathrooms based on biological sex, they would risk losing federal funding for their school lunch and breakfast program.”
The memo comes after a handful of Republican-led states have already sued the Biden administration over the new Title IX protections, accusing the Education Department of overstepping its bounds. Some other GOP officials have publicly vowed not to enforce the new policies but have stopped short of pursuing legal action.
