The U.S. Department of Education has proposed an overhaul of anti-sex discrimination rules, reinterpreting the term “sex” as something that doesn’t have to …
The U.S. Department of Education has proposed an overhaul of anti-sex discrimination rules, reinterpreting the term “sex” as something that doesn’t have to have a biological basis. The proposal is announced on the 50th anniversary of Title IX, the federal law that prohibits “sex-based discrimination” in federally funded educational settings. It broadens the definition of “sex” so that Title IX protections would cover sexual orientation and gender identity.
“Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity,” the proposal reads.
“The Department does not construe the term ‘sex’ to necessarily be limited to a single component of an individual’s anatomy or physiology,” it adds. The proposal also tries to establish that refusing to accommodate a preferred gender identity in school activities is substantially harmful enough to constitute a Title IX violation. According to the new regulation, “adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person’s gender identity subjects a person to more than de minimis harm on the basis of sex,” and is therefore punishable under Title IX. Effectively, this could mean that schools and colleges would be stripped of federal funding if they maintain the segregation of sports and spaces like restrooms and locker rooms based on biological sex. Cardona said the changes are in accordance with President Joe Biden’s March 2021 executive order, which vowed to guarantee an educational environment “free from discrimination based on sex, including sexual orientation or gender identity.
