Why Should Female Athletes Suffer for Biological Men’s Personal Problems?

             Forty-nine years ago on June 23, 1972, President Richard M. Nixon signed Title IX of the Education Amendments of1972, 20 U.S.C. §1681 et seq., into law. This law was passed primarily to protect the rights of women and girls in school or education programs that receive federal money. 

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.

Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.

The Department of Education issued regulations on the requirements of Title IX, 34 C.F.R. § 106.1et seq., in 2000. A Title IX common rule, published on August 30, 2000, covers education program providers/recipients that are funded by other federal agencies.

            According to Chris Field, this law forced equality for girls into school athletics. It created the same athletic opportunities for girls as is given to boys. Girls could have their own teams and could compete on a level playing field. It also required schools to offer equal facilities, bathrooms, and locker rooms for women. 

Title IX was a big deal when it was signed into law. Now biological males who think they are females are tossing in the garbage all the advances that Title IX brought to girls. They want to compete in female sports, where they usually win the competitions. They want to use women’s locker rooms and bathrooms. They are putting women at disadvantage once again as if Title IX had never been signed.

There is not much hope for girls and women at this point because the U.S. Department of Education is focused on the biological men who think they are women. Field wrote that a recent “Dear Educator” letter was sent to “explain” how all the advantages and protections that Title IX once provided to women are now to be extended to men who identify as women. The letter even gave specific examples of “harassment” that might be shown to such men.

I also want to bring to your attention OCR's public notice based on the Supreme Court's recent decision in Bostock v. Clayton County, 140 S. Ct. 1731, 590 U.S. ___ (2020), which clarifies that Title IX's protection against sex discrimination encompasses discrimination based on sexual orientation and gender identity. Specifically, OCR clarifies that the Supreme Court's decision in Bostock applies to the Department's interpretation of Title IX. In its decision, the Supreme Court explained that “it is impossible to discriminate against a person" because of their sexual orientation or gender identity “without discriminating against that individual based on sex." Id. at 1741. That reasoning applies regardless of whether the individual is an adult in a workplace or a student in school.

Consistent with this notice, OCR will fully enforce Title IX to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive Federal financial assistance from the Department.

            Biological men who think that they are women should have “a league of their own.” They should not compete against women, but they should compete against each other. Men have larger lungs, larger muscles, longer legs and arms, and other physical differences that are different than those of women. 

            Many of the men who are now competing against women were not talented enough to compete against men.  So, they decided that they could become “winners” by pretending to be women. There was a good reason why Title IX was signed into law, and it is the same reason why the protections for female athletes should be maintained.