-https://pjmedia.com/news-and-politics/tyler-o-neil/2021/06/16/biden-doe-
The Department of Education (DOE) under President Joe Biden announced that it would reverse the Trump administration policy on Title IX of the Education Amendments of 1972. The Biden DOE will effectively flip the meaning of “sex” on its head, determining that “discrimination on the basis of sex” includes discrimination on the basis of sexual orientation and gender identity. This means the DOE sanctions transgender invasions of women’s private spaces and women’s sports in schools, which arguably violate Title IX.
Education Secretary Miguel Cardona defended the new policy by referencing the Supreme Court case Bostock v. Clayton County (2020), in which the Court ruled that discrimination on the basis of “sex” in a 1964 civil rights law included discrimination on the basis of sexual orientation and gender identity. Justice Samuel Alito condemned this notion — which Congress and the president could not have even conceived in 1964 — as “preposterous.”
“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections,” Cardona said in a statement on Wednesday. “I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”
Contrary to Cardona’s rhetoric, however, extending this protection from alleged discrimination to transgender students does not come without a cost. The move merely shifts the burden away from one group and toward another.