Tipsheet

Biden's Title IX Enforcer Refuses to Define a 'Woman'

The Biden official in charge of the federal agency that enforces Title IX got into a heated exchange with Rep. Andrew Clyde (R-GA) and asked him to define a "woman." 

Secretary of Education Miguel Cardona repeatedly refused to explain what a woman is while under oath during a House Appropriations subcommittee hearing. He also declined to define "equal access" for transgender students under the Biden Administration's new Title IX rules, which seek to block policies that ban transgender athletes from school sports teams that match their gender identity, but not their biological sex.

"Our focus at the department is to provide equal access to students, including students who are LGBTQ, access free from discrimination," Cardona replied to CLyde's question asking him to define a "woman," noting that Title IX proposals have a "historical impact on and girls in women's sports." 

"So, what's the definition of a woman?" Clyde asked again. "You haven't given me that. You haven't answered my question."

"I think that's almost secondary to the important role that I have as Secretary of Education," Cardona responded, dancing around the question. 

"My question's not secondary; my question is very simple," Clyde fired back. "What does HHS say the definition of a woman is?"

However, Cardona refused to answer the question and instead chose to describe the role of his job. 

"I lead the Department of Education, and my job is to make sure that all students have access to public education, which includes co-curricular activities," Cardona said. "And I think you highlighted pretty well the importance of Title IX and giving students equal access, whether it's scholarship and facilities and participation as well."

Clyde pressed Cardona further, asking him if he believed a biological male who self-identifies as a woman should be allowed to compete in women's sports. 

However, the Biden official again refused to answer the question saying, "I believe our focus needs to make sure that all students have access to public education."

After it was apparent that Cardona would not answer Clyde's question, the Republican asked him if he thought it benefits female athletes to allow biological males to compete in women's sports. 

"I believe it's important that we take into account the needs of all students when engaging in—" Cardon said.

"So you're not going to answer my question," Clyde interrupted. "Do you believe allowing biological males to enter women's private spaces such as bathrooms and locker rooms is safe for female students?"

"It's critically important that we make sure all students feel safe in their school environment," Cardona said. "It means that the perspective of all students should be taken into account when decisions are made around facilities."

Under the proposed Title IX rules, schools and colleges would be unable to take advantage of federal funding if they adopt a "one-size-fits-all" policy that bans transgender students from playing on sports teams consistent with their gender identity.