Friday, April 19, 2024

Brilliance from the regulatory state

The new Title IX guidance for colleges and high schools goes, apparently, to about 1500 pages, close to the length of "Obamacare", and a third the length of HIPAA.  So while some are appalled (rightly) that it apparently grants biological males (people with XY chromosomes, for those out there in Rio Linda) access to womens' bathrooms and locker rooms, I'm appalled at the fact that it apparently takes the DoED 1500 pages to discuss a concept that is expressed in only 37 words in the actual law:

No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Yes, it's appalling that in the "minds" of people trying to "educate" us, "sex" is equivalent to "gender identity", and hopefully the courts will slap them into next week.  It's not as if the common view of "sex" when Title IX was passed by Congress and signed by President Nixon includes "gender identity", after all.  This is another great reason why we want not only jurists, but also bureaucrats, to be legal originalists, remembering what the people who wrote the law were thinking.

Regarding the actual objections, yes, I do think women have a right to determine which males may be allowed to see them naked, as well as which males they are willing to see naked--and vice versa. I guess that makes me a reactionary.

Update: another risk of allowing "trans" men onto womens' teams, and into womens' locker rooms, is that it will destroy mens' sports too.  The trick is that per Title IX, spots in womens' sports need to be proportional to their student population, with an adjustment for the football team.  So if women quit en masse because they don't want to be injured, or because they don't want to see penises in their locker room, or because they don't want to be seen naked by just any male, then those same colleges and universities need to cut mens' sports, too.

We might end up, really, with just football as a sport, which is ironic because football players have, I believe, about the highest rate of sexual assault of athletes overall.  Some win for women!

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