Biden’s Radical Title IX Rewrite Goes Into Effect, but Blocked in 26 States

President Joe Biden’s administration’s rewrite of Title IX went into effect on Thursday, an effort that seeks to allow men in women’s private spaces, athletics, and educational opportunities.

The White House did not appear to issue a statement or weigh in on the rule going into effect, nor had Vice President Kamala Harris or Biden issue statements or social media posts on the matter.

“Today, the Biden-Harris administration‘s harmful Title IX rewrite goes into effect,” said Riley Gaines, a former collegiate swimmer forced to compete against a man. “This rule says sex = gender identity. 52 years of progress & sex-based protections have been erased with the stroke of a pen.”

Experts such as The Heritage Foundation’s Sarah Parshall Perry have predicted that litigation surrounding the rewrite could make its way to the Supreme Court, where they hope that the justices would clarify educational equality for women and girls.

“Back to school is going to be very different for millions of students whose state lawmakers will comply with this radical attempt to obliterate women’s protections—all so that a small, vocal, and well-funded minority can be ‘affirmed,’” Perry said in a Thursday statement.

“In over half the nation, girls and women will no longer have any sex-separated bathrooms, locker rooms, housing accommodations, or other educational programs. Women’s sports are likely on the chopping block, too,” she added.

On Wednesday, the 11th U.S. Circuit Court of Appeals granted an injunction on behalf of Alabama, Florida, Georgia, and South Carolina that blocks the Biden rewrite from going into effect in those states. The move reversed a decision from Judge Annemarie Carney Axon of the U.S. District Court for the Northern District of Alabama, who had rejected their appeal for relief from the rule, according to 1819 News.

That lawsuit was also joined by the Independent Women’s Forum, Parents Defending Education, and Speech First.

“This is a big win in our fight to protect children,” South Carolina Attorney General Alan Wilson said in a statement. “We’ve argued that the Biden administration does not have the authority to make this change, and with this temporary injunction, we now have time to make our case in court without our children being put in danger.”

The regulations have been blocked by federal judges in a total of 26 states, according to Inside Higher Ed.

The Biden administration on April 19 released its rewrite of Title IX, which was originally enacted in 1972 to protect women and girls. The administration claimed that the highly controversial rewrite advances “Title IX’s promise of ensuring that no person experiences sex discrimination, including sex-based harassment or sexual violence, in federally funded education.”

“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools, free from sex discrimination,” U.S. Secretary of Education Miguel Cardona said at the time. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”

The Biden rewrite of the 50-plus-year-old civil rights law redefines sex to include gender identity and sexual orientation, thereby allowing men in girls’ and women’s restrooms, locker rooms, housing accommodations, and educational programs. It also opens the door for men to play on girls’ and women’s sports teams and endangers education institutions that receive federal funding, but wish to protect women’s spaces.

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