[REF], Unlawful Agency Redefinition of “Sex” as “Gender Identity”, In 1972, when Congress passed Title IX of the Education Amendments, no one thought that “sex” meant “gender identity.” The phrase “gender identity” did not exist outside of some esoteric psychological publications, and the word “gender” had been coined only recently in contradistinction to sex. C.K. I would feel especially violated in the event that the school district’s policy enabled a person with male genitalia, regardless of what gender that person professes, to see me partially or fully undressed. Originally intended to ensure educational rights for women, they are now being used to deny women privacy, safety, educational opportunity, and equality: “The idea that women and girls must surrender their rights and protections under Title IX—enacted specifically to secure women’s access to education—in order to extend Title IX to cover men claiming to be women is a jaw-dropping act of administrative jujitsu.”[REF] The WLF stresses that this redefinition of sex is a way to erase the legal standing of women: Redefining “sex” to mean “gender identity” means that the sex-class comprising women and girls now includes men, with all the physiological and social characteristics that come with being male (and vice-versa). All across America, parents, teachers and local school districts have been having conversations about how best to accommodate the dignity, privacy, and safety concerns of students who identify as transgender while also addressing the dignity, privacy, and safety concerns of other students. [REF] On August 21, 2016, federal District Judge Reed O’Connor issued a nationwide injunction blocking enforcement of this gender identity mandate, holding that “[i]t cannot be disputed that the plain meaning of the term sex as used…following passage of Title IX meant the biological and anatomical differences between male and female students as determined at their birth.”[REF] The Obama Department of Justice appealed this ruling on October 20, 2016, but on February 10, 2017, the new Trump Department of Justice withdrew that motion for a stay and cancelled the scheduled oral arguments. They make reasonable—and explicitly lawful—distinctions based on sex. Before passage of Title IX, sex discrimination in education was manifest in numerous ways. As a result, reporting of public-facility sex crimes is likely to decrease as a result of GIBAPs and similar social conventions, even as the actual number of offenses increases. [REF] In determining the meaning of sex discrimination under Title IX, the court held that it was bound to defer to an unpublished guidance letter from the OCR’S acting assistant deputy director, which specified that “sex” for Title IX purposes included “gender identity.”. In Minnesota, a biologically male high school student who identifies as female was allowed access to the girls’ locker rooms, where the student danced “in a sexually explicit manner—‘twerking,’ ‘grinding,’ and like he was on a ‘stripper pole,’” flashed his underwear while dancing, asked about a girl’s bra size, and asked her to “trade body parts.”. In Olympia, Washington, a man, Taylor Buehler, wearing a wig and a bra was arrested for entering the women’s bathroom at Everett Community College. PDF. School Administration: Gender, Position, and District. The gender identity of a student is not taken into account at all. On May 4, 2016, a group of 51 families sued the school district to attempt to reverse the policy brought about by the resolution agreement. Kenneth V. Lanning, for example, is a veteran of 40 years in law enforcement who specializes in preventing and solving sex crimes. WoLF and the FPA argue that redefining Title IX would particularly affect women’s educational access by allowing scholarships that were intended only for women to become available to biological men who identify as women. What the Obama Administration guidance did was explain to schools their legal responsibilities to comply with existing law and protect transgender students. To be in a position where I am left exposed, separate from others and no longer have a voice is the same position I was in as a child of eight.[REF]. The guidance states that “the desire to accommodate others’ discomfort” is not a legitimate basis for schools’ retaining sex-specific facilities even if they also provide private accommodations for transgender and other students. When staff asked him to leave, the man claimed that “the law has changed and I have a right to be here.”. [REF], Bennett’s brief makes the point that the term “transgender” did not gain general usage until the late 1980s, years after Title IX was passed. Sex-specific intimate facilities also exist to protect girls and women from male predators. Moreover, because GIBAPs and similar social conventions link facility access to self-reported gender identity, a victim may be unwilling to report an exhibitionist appearing to be a male for fear of being accused of bigotry or gender identity discrimination. This follow-up study investigates whether the findings from the preceding study were representative of the country as a whole or restricted to large school districts. The Obama gender identity guidelines ignore legitimate privacy concerns. One 15-year-old girl spoke of her concerns: [I]t just doesn’t feel right knowing someone with male anatomy is in the bathroom with me. Women dominate the education service workforce, which was made up of 68.6 percent women in 2010. “I’m not a young, hip teacher. In other words, it is not because some people wear suits and ties and others wear dresses that there are separate bathrooms and locker rooms for men and women. [REF] On February 22, 2017, the Trump Departments of Justice and Education formally rescinded the “Dear Colleague” letter. Therefore, a school with students who are biologically male or female and who identify with their biological sex or with the opposite sex would have to grant and deny access to its showers and lockers according to Table 1: The table illustrates that the only students who must be denied access are those who identify with their biological sex—i.e., non-transgender students—which is a clear example of irrational gender identity discrimination under the Administration’s own logic. Data were analyzed by individual district, type of district, and the entire sample of 20 districts to see if there had been changes in the representation of females in each of nine administrative positions during this period. Lanning concludes that “such objective standards are also important to effective law enforcement.”[REF] Hutchison concurs: If someone could enter a public facility based entirely upon their “internal sense of gender,” then law enforcement personnel, bystanders, and potential victims would have to be able to read minds in order to determine whether a man entering a women’s facility was really transgender or was instead there to commit a sex offense.… [T]he non-transgender male sex offender would simply have to claim that his “gender identity” was female to make successful prosecution difficult if not practically impossible.[REF]. This is made even more difficult when that self-reporting [gender identity] need not be corroborated in any way whatsoever.[REF]. According to a report by the Center for Teaching Excellence, by the end of the 1990s, women began outnumbering men at U.S. colleges. currently attends middle school within the Charlotte-Mecklenburg School System. Melody Wood. Former Federal Reserve Chairwoman Janet Yellen promised that the Biden administration will "build our economy back better" and meet the "obligation" … [REF] Accommodations should be reached so that biological girls can compete on a level playing field instead of being forced to compete and lose against biological males or biological girls who are taking male hormones that can enhance their performance. In the past several years, another troubling development has arisen under Title IX: efforts to shame religious schools that have sought to preserve their religious identities through a waiver. They also should be rejected because they do not offer a plausible alternative interpretation of the unambiguous word “sex.”. “Specifically,” adds the ADF, “minors have a fundamental right to be free from State compelled risk of exposure of their bodies, or their intimate activities, such as occur within restrooms and locker rooms, to the opposite biological sex.”[REF]. Detailing how schools should react to harassment and bullying to remain in accordance with federal regulations, the OCR deftly expanded the definition of “sex” under Title IX to include gender identity: Title IX also prohibits sexual harassment and gender-based harassment of all students, regardless of the actual or perceived sexual orientation or gender identity of the harasser or target. These proposed solutions existed long before the recent surge in high-profile media attention on transgender issues, and details were being worked out at the local level without generating much controversy.
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