The Biden administration’s new Title IX guidance, released last month, is a radical and almost certainly unconstitutional distortion of the original statute — one that threatens free speech, due process, women’s rights, and even parental rights. It even threatens schools’ ability to provide for and feed students in need.
The updated guidance changes the definition of “sex” to include “gender” and “gender identity” and expands the definition of “sex-based harassment” to include any action that prevents a student from participating in an education program or activity “consistent with their gender identity.” This means that government-funded schools and universities will have no choice but to allow boys who identify as girls into girls’ restrooms, locker rooms, and dormitories, teachers will be forced to use preferred pronouns, and fellow students will be expected to accommodate their gender-confused peers’ demands or risk being accused of creating a “hostile environment” within the school.
