Sexism on the left is behind Biden’s attacks on Title IX
SSince taking office in January 2021, the Biden administration has consistently taken a hacksaw for Title IX, with disastrous results for women and girls.
Title IX turns 50 this year. By Title IX I refer, of course, to Title IX of the Education Amendments of 1972. The language of Title IX itself is simple and straightforward:
No person in the United States shall, on the basis of gender, be excluded from participation, denied benefits, or discriminated against in any educational program or activity federal financial assistance.
The purpose of this law was to address centuries of exclusion and discrimination against women and girls in education in the United States. It has led to important and material
in the roles that women play in civil society today.
The Biden administration completed its assault on Title IX by redefining the word sex to include the phrase “gender identity.” This may seem trivial. It might seem at first glance that the redefinition of sex to include “gender identity” is intended to protect a small community of marginalized people called “transgender”.
This is not the case. Instead, the administration is bidding on a vicious
whose goal is to erase the material reality of biological sex. The truth is that every human being on the planet is either female or male – the word “transgender” is simply used throughout society to mask this reality. I talk about all this in my
, The abolition of sex: how the “transgender” agenda harms women and girls.
I say all this as a committed feminist and lifelong democrat. And I’m not the only one — there are countless rank-and-file Democrats across the country who are furious with the administration, among other things, for what it’s doing here. Most people don’t know this because most media won’t publish our voices or views.
The administration’s insistence on redefining sex to include “gender identity” is particularly glaring when one considers the author of Title IX: Patsy Mink, a Japanese-American woman in whose memory the law was renamed in 2002, a month after his death.
Mink had lived through the period when the United States incarcerated Japanese Americans in internment camps solely on the basis of their Japanese ancestry. She was born Patsy Takemoto in 1927 on a sugar cane plantation in Hawaii to descendants of Japanese immigrants.
Mink graduated valedictorian from her high school in 1944. She eventually attended the University of Nebraska, where she worked to abolish what were, at the time, legal policies of racial segregation. She eventually enrolled in law school at the University of Chicago, where she met John Mink, whom she married. They graduated from law school in 1951, had a daughter in 1952, and moved back to Hawaii.
Due to sexist laws in place in the early 1950s, she lost her Hawaiian territorial residency when she married and was denied the right to take the bar exam. She fought the law and won the right to take the exam and passed it. However, because she was married and had a child, no law firm wanted to hire her. So she set up her own law firm. She eventually won a seat in the Hawaiian Territory House of Representatives, becoming the first Japanese-American woman to do so. Two years later, she became the first woman to serve in the Territorial Senate. She spoke for civil rights at the 1960 Democratic National Convention and won a seat in the United States House of Representatives in 1964. She served a total of 12 terms in Congress. While there, she launched the first comprehensive initiatives under the Early Childhood Education Act and worked on the Primary and Secondary Education Act 1965.
And finally, in 1972, she co-authored the Title IX Amendment to the Higher Education Act. Title IX was eventually renamed the Patsy Takemoto Mink Equal Opportunity in Education Act after Mink’s death in 2002. So today, although we call the act Title IX, which is correct, the act is technically called Patsy Takemoto Mink Equal Opportunity in Education. Act in his memory.
But the struggles Mink endured as a woman of color, for which she was honored not long ago, are now being spat out by an administration that wants to reduce her gender to a vague, meaningless catch-all. and emptying the protections for her sex that she fought to secure.
On his first day in office, for example, President Joe Biden signed Executive
13988 on “Preventing and combating discrimination based on gender identity or sexual orientation”. Many of us, myself included, naively assumed that this would mean that, within 100 days, federal agencies would submit proposed public notice and comment rules, as required by the Administrative Procedure Act. None of this happened. Instead, the administration methodically, and without notice or opportunity for public comment, erased gender as a meaningful category in federal administrative law, including Title IX regulations, which authorize sports and gender spaces under certain conditions.
Shortly after Biden signed his executive order, the Justice Department
in March 2021 that Title IX’s sex discrimination prohibition would be interpreted to prohibit discrimination based on “gender identity”. This marked the death of women’s and women’s sports in all federally funded institutions.
Then, on June 16, 2021, the Department of Education’s Office for Civil Rights issued a
of interpretation explaining that it would now apply Title IX’s prohibition of sex discrimination to also include discrimination based on sexual orientation or “gender identity”.
All these notes and orders are disputed in the
of Tennessee et al. vs. United States Department of Education, et al., in which 21 states sued the administration, alleging various violations of state and federal law. United States
of Women’s Declaration International, of which I am the president, filed an amicus
in this case, alleging that in addition to all other claims, the administration’s actions violate the Equal Protection Clause of the 14th Amendment by constituting unlawful sex discrimination.
Several US organizations, including WDI USA, participate in a coalition whose purpose is to protect women’s and women’s sports under Title IX. Our coalition has been informed that the Ministry of Education ultimately intends to announce the development of rules in April 2022. It still didn’t. In the meantime, several participating organizations have met with the Office of Information and Regulatory Affairs to explain our
. If the department announces a public rule-making process, we will be ready. If not, the ability of Title IX to protect women and girls in sports and in education generally could remain intact.
In the meantime, the Biden administration continues to lie to the people and insult the trailblazing woman of color who penned Title IX. Women and girls, like men and boys, need to know the joys and benefits of giving your all for your team and winning in fair competition. When Title IX turns 50 on June 23, I hope it remains intact and continues to advance the liberation of women and girls as a sexual class for centuries to come.
Kara Dansky is a speaker, writer and consultant who is committed to protecting the rights, privacy and safety of women and girls on the basis of gender in law and throughout society and the author of The abolition of sex: how the “transgender” agenda harms women and girls. She is president of the American section of Women’s Declaration International.