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Heritage Action Aims to Ensure Conservatives Have a Voice Against Biden Admin's Title IX Proposed Rule Change

AP Photo/Pat Eaton-Robb, File

The Biden administration is looking to continue its attacks on biological reality by proposing changes to Title IX protections so as to include biological men who may identify as girls. As Maddy highlighted in covering the proposed changes on Tuesday, by claiming that Title IX protections include a "prohibition on discrimination based on sex applies to discrimination based on sexual orientation and gender identity."


Heritage Action is looking to take advantage of the 60 day period of comments, which began on July 11. 

Along with a link to the comment portal encouraging people to "Act now!," Heritage Action has released a comprehensive toolkit with messaging points and concerns about the proposed rule change. "The consequences of such a rule change would be monumental," the toolkit warns. 

At the top of the toolkit emphasizes personalized, unique comments, as the Biden administration will have to respond. "A quick tip – personalized comments are best! A personalized comment with your own views and story are most impactful. Each unique comment requires an individualized response from the Biden Administration," the recommendation reads. 

There are points that don't only focus on sports, as one bullet point warns that the proposed rule change "Distorts justice and undermines due process protections for the accused," when it comes to incidents that occur on college campuses. Another point warns that it "Harms childhood development by redefining sex and gender."

"This issue is bigger than just sports," the toolkit warns with original emphasis. It reads:

Instructing children to question their own gender and biology at young and developing ages is a radical new experiment in social engineering. It’s part of a political agenda that is being pushed by “woke” activists and is completely untethered from actual science.

For the radical Left, encouraging young children to question their sexual identity is not a stand-alone issue, but part of a larger effort to dismantle American culture and replace it with marxist ideologies as taught by critical gender theory and critical race theory.

It’s why marxist organizations like Black Lives Matter Inc. publicly reject the nuclear family alongside its push to defund the police. Americans have recognized defunding the police is a failed idea. Likewise, rejecting families, redefining gender, and erasing protections for our children are failed ideas.

Consistently, the Left’s “woke” activists are wrong and destroy everything they touch. Their policies have brought crime rates in our cities to record highs—and their agenda is destroying our schools and harming our children too.


In a statement for Townhall, Executive Director Jessica Anderson highlighted the long-term consequences of such a rule change. 

"As we have already seen with the SEC Climate Disclosure Rule and federal mask and vaccine mandates, the Biden administration is weaponizing the federal rulemaking process to force their woke agenda on the American people. This week, they are using the same tactic to change the Title IX definition of 'sex' and completely redefine gender. The Title IX rule change is about a lot more than women's sports -- if these changes are enacted, women will be deprived of safety and privacy, athletic opportunities and scholarships will be threatened, and federal funding for schools will be in jeopardy," she said.

Anderson also highlighted the success they've had in the past. "In less than a week, Heritage Action facilitated the submission of over 6,000 comments on the SEC Climate Disclosure Rule. Now, with a 60-day comment period on the Title IX rule, the American people have an extraordinary chance to fight back," she continued.

There also appears to be confusion created by the Biden administration, as Anderson highlighted in a tweet.


The Heritage Foundation has also tweeted about the proposed rule, as Maddy included in her coverage as well. 

Such examples of a denial of biological reality that Maddy mentioned are stunning. Those on the woke left are prone to focusing on differences between "sex" and "gender." The Biden administration isn't even pretending to do that much.

A notice of the proposed rule change from the Department of Education (DOE) claims:

Contrary to assertions made in 2020 and January 2021, the Department does not have a “long-standing construction” of the term “sex” in Title IX to mean “biological sex.” The text of the statute and current regulations do not resolve this issue; neither the statute nor the regulations define “sex,” purport to restrict the scope of sex discrimination to biological considerations, or even use the term “biological.” The Department does not construe the term “sex” to necessarily be limited to a single component of an individual’s anatomy or physiology.

This has been a concerning but not surprising pattern from the Biden administration. During a line of questioning from Rep. Jim Banks (R-IN) at a committee hearing back in May, Secretary of Education Miguel Cardona not only promoted biological boys being able to play on girls' sports teams, but he would not say if schools should be allowed to keep secrets from parents about if their children are transitioning. 

During the back and forth, Rep. Banks bluntly and aptly pointed to concerns about how the Biden administration is looking to "decimate Title IX."


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