Today, the Texas Public Policy Foundation condemned the Biden administration’s new Title IX proposal in a newly filed public comment. Not only is the proposal unlawful and unconstitutional, but its adoption would undermine fairness and accuracy, result in less safety for women, force students and faculty to disavow deeply held religious beliefs, and outlaw speech, a clear First Amendment violation.
By redefining sex discrimination to include sexual orientation and gender identity and making fundamental procedural changes that would remove due process for respondents, along with removing protections for those criticizing universities and school officials, the Department of Education would be unconstitutionally restricting free speech, and delegitimizing an investigative process designed to protect women.
“The new Title IX proposal is a clear violation of the Constitution and the Religious Freedom Restoration Act, and will only serve to make women less safe, going against why Title IX was created in the first place,” said Robert Henneke, general counsel and executive director for TPPF. “The Department of Education should abandon this ill-advised rule change, rather than trample free speech protections in favor of gender identity and sexual orientation protections.”
To read TPPF’s full complaint, please go here.