Normally, when we think of “transparent government,” we think of one that is honest and forthright in its dealings with the population. Of course, we don’t have that kind of transparency in our government. Under the Biden administration, “transparency” means something along the lines of “Who do you think you’re kidding?”
Biden’s Title IX policy revisions dropped today, and it tried to thread the needle, albeit clumsily, to meet the demands of the trans movement while not agitating potential swing voters. But at this point, I don’t know how many swing voters are left.
There are two major takeaways from the revisions. National Review noted that the revisions added sexual orientation and gender identity to the list of “protected classes.” This could mean future lawsuits if a school that receives federal funding does not permit people to use the bathrooms or locker rooms that correspond with their choice of gender or allow men to join women’s sports teams. Or vice-versa. It rolls back Trump-era reforms such as due process for students accused of violations. It also lowers the standards when it comes to accusing a student of sexual assault.
Former Education Secretary Betsy DeVos told National Review:
The Biden Administration’s radical rewrite of Title IX guts the half-century of protections and opportunities for women and callously replaces them with radical gender theory, as Biden’s far-left political base demanded. This regulation is an assault on women and girls.
While the revisions leave the door open for cross-sex sports team participation, the revisions themselves do not cover the problem of men joining women’s teams. Or women who declare themselves to be men and join the guys in the locker room. Outkick reported that the Department of Education had proposed a second rule that would have addressed that issue, but the Biden administration decided to take a pass.
Why? Well, it is an election year, and the administration likely wanted to assuage whatever few fence-sitters remain out there that Biden is pro-trans, but not radically so. It is a clumsy attempt to thread the needle during an election year. Not that Biden needs to do that. Trans advocates need to do nothing more than sit tight for Biden 2.0. Secondly, under the current revisions, any lawsuits to keep men out of women’s spaces would face the full force of the Department of Justice. So, the latest revisions address the issue in a roundabout way. Technically, Biden can claim that he did not mandate that men be allowed to invade women’s spaces. But then again, under the revisions, he probably does not need to.
Riley Gaines told Outkick:
The President and his administration can’t act like they care about women or our opportunities and then go and wipe out women’s protections under the country’s landmark sex equality law. Title IX was passed over fifty years ago to end unjust discrimination in education, including athletics. I experienced this law undermined when female athletes like myself were told to keep quiet when a male swimmer took home a title in the women’s division and deprived female athletes of awards, honors, and the opportunity to compete. With its new Title IX rewrite, the Biden administration is unilaterally erasing 50 years of equal opportunity law for women.
One X user noted:
Title IX is not just about women’s sports. The Biden administration’s massive new Title IX rule also flouts due process, curtails protected speech, and undermines parents. https://t.co/ILBg9q2aPn
— Ginny Gentles (@ginnygentles) April 19, 2024
That user is quite correct. Biden’s new rule does more than allow men to rough up women on a court or field, gawk at women in a locker room, or claim titles they could never reach by competing with members of their own sex. It continues the work started by Barack Obama, which is the fundamental transformation of America.