Wednesday, April 24, 2024

Think you're safe? Try again

One of the most important things to remember about the Title IX guidance that has recently become notorious (H/T Riley Gaines) for what it appears to do to college and high school sports is that it's not primarily directed at athletic programs, but at schools in general.

That means that when your daughters go to the bathroom or enter a locker room, the Department of "Education" will in effect be there to make sure that they may be sharing that space with a "trans" person who was born male.  When your daughters get assigned dormitory rooms, they may be assigned with one or more people who have a Y chromosome.  When your daughters go to gym class, they will need to play whatever games are available with whatever men decide they are "trans" in their school.  Oops, sorry your daughter got boxed out by someone 50 lbs heavier and twice as strong in that basketball game and got a concussion!

And when this happens, the guidance more or less says that unless the "trans" person actually sexually harasses others or actually assaults them, they have no recourse.  Keep in mind as well that the category of "indecent exposure" does not count if they're in a bathroom or locker room.

If they object to this on their own behalf, or on behalf of a friend, it is extremely likely that they will become the subject of a Title IX investigation.  What's worth noting as well in this regard is that the Department of "Education" also has decreed that certain protections of the accused--the right to counsel, the right to cross examine witnesses, the right to a trial by jury, the "guilty beyond a reasonable doubt" standard for conviction--are not applicable, but the consequences of being expelled from a high school or college can be a lifelong penalty.  

Hopefully the courts will slap this down so hard it makes heads spin at the "DoED", but I don't believe we can just wait on this and depend on them to do the right thing.  Send a note to the President and your legislators and explain why this move is totally contrary to the goal of the 1972 legislation that created Title IX, to create opportunities for women and to protect them from poor treatment and discrimination.

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