From Alerts from Act for America <[email protected]>
Subject Last Straw-Title IX Abolishes Gender!
Date April 23, 2024 11:02 AM
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Marxists Rule Biden’s US Department of Education! Time to Turn the Tables!
Under the helm of the Biden Administration's Department of Education, spearheaded by Marxist Gender Abolitionists, their once-unimaginable victory has trampled the foundational principles of America's Judeo-Christian heritage by eradicating the very notion of gender itself [ [link removed] ].
Under the guise of progressivism, unelected bureaucrats within the Department of Education have lawlessly created new rules deconstructing Title IX’s conventional notion of sex discrimination, which acknowledges only two sexes, capitulating to the radical agenda that seeks to dissolve the inherent, fundamental distinctions ordained by nature and upheld by millennia of human civilization.
In their zeal to deconstruct societal norms, they have ushered in a dark era where truth is sacrificed on the altar of ideological conformity, leaving the sanctity of life, family, and faith in its wake.
Perhaps it's time to direct the abolition efforts towards the US Department of Education itself, a long-overdue endeavor deserving of serious consideration, and restore States as the sole arbiter for setting education standards. [ [link removed] ]
Gender is Abolished!
Biological Girls/Women’s Sports is Abolished!
Sex Discrimination is No Longer Rooted in Biological Sex!
Zero Privacy Between Biological Sexes in Bathrooms, Locker-rooms, Showers, and Changing Areas Despite Obscenity and Indecency Laws in All 50 States!
Any Concerns for Safety or Discomfort with Mixing Sexes In Any Context, Anywhere on Campus Treated as Sex Discrimination or Harassment, Silencing Students Who Object!
Unconstitutionally Abolishes Due Process for Those Accused of Discrimination!
Abolishes Parental Rights and Notification of Student Pronoun Changes and More!
Department of Education’s New Title IX Rule Just as Bad as Expected 
Sarah Parshall Perry  [ [link removed] ]| Daily Signal | April 19, 2024 | Condensed
The Department of Education [ [link removed] ] just released its long-delayed Title IX rule [ [link removed] ]—a rewrite of the 50-year-old civil rights law so vast that it promises to turn Title IX’s guarantee of sex equality in education completely upside down.  
Title IX [ [link removed] ] of the Education Amendments Act of 1972 is all of a single sentence. It simply bars sex discrimination in any federally funded education program. It does not matter how much federal funding a school or institution of higher education receives. And it does not matter whether such funding from the federal government is direct or indirect. So yes, even the vast majority of private schools must comply with the rule.   
But this simple longstanding prohibition on sex discrimination has been manipulated [ [link removed] ] by the Biden administration to both undermine constitutional freedoms—like the freedom of speech—and erase the very women that Title IX was enacted to protect.  
The Department of Education has unilaterally expanded the prohibition against discrimination based on “sex” to include a prohibition against discrimination based on: “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.” 
Under the Biden administration’s sweeping new Title IX rule, any K–12 school or institution of higher education that receives any federal funding would have to open girls’ bathrooms, locker rooms, housing accommodations, sports teams, and any other sex-separated educational program or offering to biological boys who claim to “identify” as girls. Similarly, boys’ facilities would have to be accessible to biological girls who “identify” as boys. 
And the law’s decimation of equality doesn’t stop there. The regulations also eliminate due process protections for students accused of sexual misconduct (like the right to call witnesses, introduce evidence, or be represented by counsel during an investigation), and violates the First Amendment to the Constitution by forcing teachers and fellow students to use of a student’s “preferred pronouns.”  
The regulations also require K-12 schools to accept a child’s gender identity regardless of biological sex without providing any notice to, much less seeking the approval of, the child’s parents. 
And while the Education Department has punted, at least for the moment, on its second Title IX rule—one that applies only to athletics—the Biden administration’s representation that sports are not included in today’s rule is a complete head fake. By expanding the definition of “sex” to include “gender identity” and applying the rule to all “extracurricular activities,” male and female athletic teams will be a thing of the past. Indeed, the word “athletics” appears in the new rule at least 31 times. 
Furthermore, the Department of Education’s reading of Title IX lacks any support in the text of the title, its implementing regulations, and the law’s congressional history.  
Congress had a chance in 1987 to amend the Title IX “sex” definition to include “gender identity,” when it amended Title IX under the Civil Rights Restoration Act. But it did not.  
Executive agencies are empowered only to promulgate “rules” or “regulations” that implement or interpret [ [link removed] ] laws passed by Congress—not to create completely new laws.  Apparently, the Department of Education has forgotten that.   
Now the question isn’t if legal challenges will follow, but how fast they’ll come.  
The Independent Women’s Law Center has already indicated [ [link removed] ] it is readying a lawsuit against the Department of Education. Others are likely to follow. Let’s hope so. 
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