On the last day of the public comment period, which came Sept. 11, Alliance Defending Freedom blistered the Biden administration for its proposed rule that will redefine “sex” in federal law. Title IX, passed in 1972, was heralded by feminists of that era for protecting females in college sports from discrimination in school budgets and hiring practices.
According to ADF, its attorneys filed five formal comments that argued the DOE lacks legal authority to rewrite federal law; the rule will undermine fairness in women’s sports, which was the purpose of the 1970s law; undermines parental rights; advocates for abortion; and violates free speech by censoring unwanted beliefs and by forcing people to state made-up gender pronouns or face punishment.
Julie Blake, senior counsel at Alliance Defending Freedom, tells AFN the Biden administration is not just threatening female athletes with its “radical overreach” but the new rule will affect many more innocent Americans.
“Doctors can be forced to perform medical procedures that violate their conscience,” she warns. “School districts will be required to conceal important information about their child's health from parents. And public universities would be able to censor student speech just because they do not like what the student's viewpoint is.”
When the public comment period ended, the Dept. of Education had received more than 184,000 comments from the public. That number is a record, Fox News reported.
Each of those comments is supposedly read and catalogued by the Dept. of Education, though it is unlikely the transgender-crazed Biden administration will reverse itself regardless of public outcry.
It is all but certain the public won’t hear an announcement before November’s midterm elections.
The Biden administration is defending its Title IX changes based on the U.S. Supreme Court's ruling in Bostock v Clayton County, Georgia. In that decision, justices ruled 6-3 that the Civil Rights Act of 1964, which prohibits sex discrimination, also applies to discrimination based on sexual orientation and gender identity.
According to Blake, Bostock addressed employment but there is no mention of men playing on women's sports teams, or undressing in school locker rooms, in the legal opinions. So lawsuits are coming if Title IX is radically changed as expected.
“This radical push is illegal and the only push is going to be how many lawsuits – which ones and where,” she vows. “It is a when, not an if.”