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By SAVE (Stop Abusive and Violent Environments)
The Constitution defines the authorities and roles of the judicial, legislative, and executive branches of government as having co-equal powers (1). But in the past two years, the U.S. Department of Education (DOE) has repeatedly ignored this bedrock principle:
- In its proposed Title IX regulation, re-wrote the meaning of the First and Fourteenth Amendments, to the severe detriment of free speech and due process (2).
- Proposed to expand the definition of sex to include “gender identity,” thereby usurping the responsibility of Congress to exercise “All legislative Powers.”
- Overhauled the definition of sexual harassment:
- Supreme Court Davis v. Monroe: Actions that are “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience.” (3)
- New definition on the DOE website: “Sexual harassment is unwelcome conduct of a sexual nature.” (4)
Now, the Department of Education has gone beyond trampling on the authority of the Constitution, Congress, and the Supreme Court. Following release of its controversial Title IX proposal in 2022, the DOE has aggressively promoted the transgender agenda, which has had the effect of:
- Weakening the authority of parents: “Teachers know what is best for their kids because they are with them every day.” – DOE Secy. Miguel Cardona, May 19, 2023 (5).
- Promoting harmful and irreversible “gender transitioning” among under-age children, often without parental knowledge or consent (6).
- Enabling violent attacks and bomb threats by transgender activists (7), including the March 27 attack at Covenant School in Nashville that killed six children and staff members.
During the month of June, the DOE issued eight tweets in support of Pride Month (8). The June 1 tweet went far beyond DOE’s Congressionally mandated authority by offering this sweeping endorsement: “Our message to LGBTQI+ students, teachers, and staff as we begin #PrideMonth: ED has got your back.” (9)
Accordingly, at the annual Drag March in New York City, hundreds of drag performers chanted, “We’re here. We’re queer. We’re coming for your children.” (10) In response, pundits referred to the marchers as “demonic” and “evil.” (11) The liberal-leaning Gays Against Groomers reached a similar conclusion about persons who might say a child was born in the wrong body: “And telling them otherwise is EVIL.” (12)
Not surprisingly, five Republican presidential candidates are now calling for the abolition of the Department of Education (13):
- Ron DeSantis: In response to the question, Are you in favor of eliminating any agencies: “We would do education, commerce, energy, and the IRS….With the Department of Education, we reverse all the transgender sports stuff. Women’s sports should be protected.”
- Mike Pence: “Eliminate the U.S. Department of Education and convert some of its current budget to grants to states and localities, providing maximum flexibility in how to deploy federal dollars.”
- Mike Pompeo: Asked by commentator John Stossel, “Should America abolish the Department of Education?” Pompeo replied, “Yes, you should get rid of it.”
- Vivek Ramaswamy: “I would shut down the U.S. Department of Education…Do I favor 6-year-olds being educated on sexuality and gender ideology? No, I don’t.”
- Tim Scott: “The federal government has absolutely no role in our education system whatsoever. So let’s get them out and let’s abolish the Department of Education.”
Lawmakers are urged to institute appropriate responses to curtail the illegal actions of the U.S. Department of Education.
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 on SAVE, please contact Rebecca Hain by phone at 513-479-3335 or by email: [email protected].