The Department of Education just released its long-delayed Title IX rule—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 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 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.

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