Civil-rights commissioners call on Congress to update Title IX to specify ‘biological sex’

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Civil-rights commissioners call on Congress to update Title IX to specify ‘biological sex’
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The four conservatives on the U.S. Commission on Civil Rights urged House Republicans to battle the Biden administration’s effort to give female-identifying male students access to girls’ restrooms and locker rooms, which could include amending Title IX to include “biological sex.”

The commissioners encouraged House Speaker Kevin McCarthy to hold hearings on the proposed rule, unveiled last year by the Education Department’s Office for Civil Rights, seeking to add sexual orientation and gender identity to Title IX, the 1972 law forbidding discrimination in education based on sex.

The four signers are labor lawyer Peter Kirsanow; University of San Diego law professor Gail Heriot; Public Interest Legal Foundation president J. Christian Adams, and South Carolina African American Chamber of Commerce CEO Stephen Gilchrist. The rulemaking relies on the Supreme Court’s 2020 decision in Bostock v. Clayton County, which found that Title VII of the Civil Rights Act covers employment discrimination based on sexual orientation and gender identity.

In other words, Title IX does in fact discriminate against the sexes, “but it is a form of sex discrimination that is expressly authorized by 20 U.S.C. § 1686 and by the 1975 Regulation,” the commissioners said.

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