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Responding to growing criticisms from many sectors of society, the U.S. Department of Education (DOE) reportedly is delaying the release of its controversial Title IX regulation until 2024 or later. A Higher Ed Dive article confirmed that the DOE “hasn’t even sent its regulatory plans to the Office of Management and Budget, which can take up to 120 days to review them.” (1)
The Title IX regulation would have had far-reaching effects on campus due process, free speech, women’s sports, parental rights, and gender transitioning among underage students.
Opposition to the policy has come from many directions:
Public Opinion Polls: Public opinion polls have consistently shown that most Americans oppose the proposed changes to Title IX, the law that was enacted to curb sex discrimination in schools (2). A recent NPR/Ipsos poll reports that 63% of Americans oppose allowing biological males to compete on women’s and girls’ sports teams (3).
Lawsuits Against the DOE: On June 14, 2023 the Texas Attorney General filed a lawsuit challenging the Department of Education’s Title IX guidance as an illegal effort to force schools to adopt transgender ideology (4). The Texas lawsuit was the fifth such lawsuit filed against the Biden Administration for its Title IX-related proposals (5).
Calls for Abolition: Republican presidential candidates Ron DeSantis, Mike Pence, Vivek Ramaswany, and Tim Scott have issued calls for the abolition of the DOE (6). Forty-seven state lawmakers have made similar calls (6).
Criticism from Liberals: The liberal Gays Against Groomers has been one of the most vocal critics of the transgender movement. On August 22, Gays Against Groomers posted a tweet saying, “Norway, Finland, Sweden, Holland and the UK have now BANNED gender transition surgeries and drugs for minors. WHEN WILL THE UNITED STATES CATCH UP?!” (7)
Legislation: Numerous bills were introduced and laws enacted to counter the effects of the proposed Title IX regulation:
Due Process Victories: Falsely accused male students continue to win due process lawsuits against their former universities (11). On August 22, an Oregon jury awarded the largest jury verdict ever — nearly $4 million — to a man wrongfully accused of a Title IX offense (12).
The proposed Title IX regulation re-defined the meaning of the Constitution, especially the First and Fourteenth Amendments; usurped Congressional responsibility by seeking to change the definition of sex to include “gender identity;” and negated the Supreme Court’s Davis v. Monroe definition of sexual harassment (13).
Currently, 217 national, state, and local groups belong to the Title IX Network, which stands in principled opposition to the DOE’s proposed changes to the Title IX law (14). Organizations wishing to join the Title IX Network should contact Robert Thompson at [email protected].
SAVE’s mission is to assure that every student and faculty member across America is afforded their constitutional protections of fairness and due process, especially in the context of sexual harassment and sexual assault. In particular, SAVE — Stop Abusive and Violent Environments — seeks to assure that the federal Title IX law is applied consistently and fairly to all students, both male and female. For more information, check out: https://www.saveservices.org/
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The agency's official abbreviation is "ED", and not "DOE", which refers to the United States Department of Energy. It is also often abbreviated informally as "DoED".