Biden’s Obsession With Pushing Gender Ideology Reflected in Latest Title IX Rules

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COMMENTARY: Christian colleges and universities shouldn’t shy away from defending the truth about human nature and sexuality.

Last month the Biden administration issued final rules related to Title IX, the federal law that prohibits discrimination on the basis of sex in education, to include — you guessed it — sexual orientation and gender identity.

It’s yet another example of the administration’s obsession with pushing gender ideology at the expense of women and girls. Fortunately, religious colleges and universities can respond to this madness by restating church teaching in their demand to be exempt.


Some background: Title IX is a federal civil rights law that bans sex discrimination against students, employees and others affiliated with schools or any other education program that receives federal funding. But it says nothing about sexual orientation or gender identity, so how can the administration justify this overreach?

The government points to a 2020 Supreme Court decision dealing with a different federal law. In Bostock v. Clayton County, a sharply divided Court interpreted discrimination “because of sex” under Title VII, the law prohibiting discrimination in the workplace, to encompass discrimination because of an individual’s sexual orientation and gender identity.


Justice Neil Gorsuch, writing for the Court’s majority, justified the sweeping expansion of the law by asserting that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Dismissing concerns that the Court’s decision would “sweep beyond Title VII to other federal or state laws that prohibit sex discrimination,” Gorsuch wrote that “none of these other laws are before us; we have not had the benefit of adversarial testing about the meaning of their terms, and we do not prejudge any such question today.”

Ignoring the expressed limits of the Bostockruling, on his first day in office President Biden instructed all government agencies to consider Bostock’s reasoning as applying to any law prohibiting sex discrimination. Title IX and its implementing regulations were specifically listed in the executive order.

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