Title IX – Department of Education

August 29, 2022

In July of 2022, the 50th Anniversary of Title IX, the Department of Education under the Biden Administration announced their intention to change the definition of discrimination “on the basis of sex” to include sexual orientation and gender identity.  In effect, this change will undermine opportunities for women and girls in sports.

Along with the negative impact on women and girls in sports, the conscience freedoms of healthcare professionals will also be in jeopardy if the rule is enacted.  This is because the proposed rule at the Department of Education (DOE) is intertwined with the U.S. Department of Health and Human (HHS) non-discrimination clause of Section 1557 of the Affordable Care Act. If enacted at DOE, it will have a negative impact in the healthcare arena. These changes ultimately have a negative and unhealthy impact on society at large.

The proposed rule change was officially published in the Federal Register and is open to public comment and we ask you to take action and voice your opposition to:

  • Redefining sex discrimination in Title IX and erasing the rights of women and girls to fairly participate in sports.
  • Changing adjudication for sexual misconduct cases on college campus which will jeopardize students’ constitutional right to due process.
  • Infringing on the conscience freedoms of healthcare professionals.

You can do this by directly expressing your opinion to the Department of Education by submitting a comment within the 60-day comment period which ends on COB on September 12, 2022 here:

Follow these simple suggestions to assist you in submitting your comments:

  1. A. Draft a letter explaining your concerns with this proposed rule. Some examples could include: the right to fair competition being eliminated for women and girls, losing the opportunity for sports scholarships, forfeit privacy and safety in spaces such as locker rooms, bathrooms etc.).
    B. Voice concern by emphasizing how the proposed changes to the Title IX rule for adjudicating sexual misconduct cases on college campuses threaten students’ constitutional right to due process and run counter to federal court precedent.”
    C. For healthcare professionals, this proposed rule could lead to violations of healthcare conscience freedoms by removing the ability to claim a religious exemption to opt out of surgeries or prescribing medications that may not line up with personally held beliefs.
  2. Clearly include in your letter, “Do not amend the rule and retain the current definition of sexual discrimination that is found in the 2020 Title IX regulation.”
  3. Go to the comment submission website and click on the greenSubmit a Formal Comment” button.

Please see an analysis of the proposed rule here. Thank you.

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