Biden Admin Pulls Title IX Rule Change That Would Have Allowed Gender-Confused Males to Play Women's Sports

The Biden administration recently withdrew a proposed rule change to Title IX that would have allowed gender-confused male athletes to play on women's sports teams. 

The U.S. Department of Education explained in a formal withdrawal notice that they pulled the changes due to more than 150,000 public comments on its "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams" rule. 

In essence, the rule would have allowed students to play on sports teams that match their preferred gender identity at schools that receive federal funding. Additionally, the rule would replace the current Title IX Final Rule, which is being challenged in courtrooms across America. 

The rule, also titled "Athletics NPRM," received a "broad spectrum" of criticism that included "discussions of case law, scientific studies and research papers, and existing athletic association policies and practices regarding athletic eligibility criteria that, according to the commenters, supported the adoption, modification, or withdrawal of the proposed regulation." 

Those comments, combined with the multiple pending lawsuits against the administration for its previous Title IX changes, were the reason the department decided to reverse course. 

The Education Department said it was "determined not to regulate on this issue at this time" and does "not intend for the final rule to be issued." 

The rule was published in the Federal Register on April 13, 2023. People have a 30-day window to make public comments. During the window, more than 150,000 comments were received, the Department of Education noted. 

This is not the first time thousands have criticized the Biden administration's proposed Title IX changes on the public forum. 

As CBN News reported, the Office of the Federal Register website received 210,594 comments in September 2022, a record high.

The policy proposed at that time would not only end protections for girls and women by allowing men who identify as women to use women's restrooms and locker rooms and to compete on women's sports teams, but it would also broaden the definition of sexual harassment to include discrimination protections to LGBTQ students.

Additionally, it would eliminate due process protections for students accused of sexual harassment or sexual assault and remove protections for religious institutions that adhere to traditional beliefs on sexuality, gender, and marriage.

More than 200,000 people took action and commented on the proposal. 

"As a concerned citizen, I strongly oppose the Department's proposed rule to redefine the definition of 'sex' in Title IX," another commented. "This proposed rule forces young girls to share intimate spaces with biological males. This proposed rule forces girls to give up their educational opportunities to males who perform better than they do. And this proposed rule tells girls that their objections and concerns with these policies will be silenced."

"I am also very concerned that this rule also may be used by the Department to further their political interests by promoting LGBT curriculum in public schools across the country," this commentator added. "As students are still recovering from the aftermath of the pandemic and are falling behind in basic academics, the last thing they should face in their schools is sexualized curriculum that serves a particular political agenda."

"America's girls deserve better," the comment continued. "I urge you to rescind this rule."

The current Title IX Final Rule includes "gender identity" into the definition of "sex" and would apply sex discrimination protections to those who "identify" as the opposite gender. 

According to the Liberty Counsel, a non-profit legal group, at least seven circuit courts have temporarily blocked the rewrite blocking it from taking effect in 26 states. 

In the other 24 states, women are being forced to play alongside gender-confused males, and K-12 schools and colleges that receive must use "preferred pronouns."

"The radical rewrite of Title IX regulations contradicts everything the law was enacted to do – protect opportunities for women and girls. This withdrawal reflects the views of most Americans who believe that women's sports should remain reserved for female athletes," said Liberty Counsel Founder and Chairman Mat Staver. 

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