Within 24 hours of his inauguration, President Joe Biden had already taken steps to fulfill one of his campaign promises.
According to his campaign website: “On his first day in office, Biden will reinstate the Obama-Biden guidance revoked by the Trump-Pence Administration, which will restore transgender students’ access to sports, bathrooms, and locker rooms in accordance with their gender identity.”
And on Wednesday, President Biden took the first steps toward doing just that, signing an executive order instructing federal agencies to reinterpret federal laws and regulations that prohibit sex discrimination—including Title IX—to include “gender identity.”
If you care about preserving the federal statutory protections that bar the discriminatory treatment of women, and the bedrock understanding of male and female in our law and culture, then this should deeply concern you.
In 1972, Congress passed Title IX, a piece of legislation intended to give women and girls equal opportunities in education by prohibiting schools from discriminating “on the basis of sex.” One positive result of this legislation is that, since then, the average number of collegiate women’s sports teams has more than tripled, allowing more opportunities for women to earn collegiate athletic scholarships.
But when federal agencies begin implementing the policies laid out in Biden’s executive order, these opportunities could start to disappear.
Threatening Women’s Sports
Alliance Defending Freedom has already seen the impact of these types of policies firsthand.
And it’s not pretty.
- ADF is representing four female athletes in Connecticut, where a high school athletic association policy allows male athletes who identify as females to compete against the girls. This has resulted in two male athletes claiming 15 state championship titles that previously belonged to nine different girls. And in just three years, over 85 chances to compete in elite athletic competitions were taken from girls across the state.
- ADF represents two collegiate athletes in Idaho who are defending a state law that preserves women’s sports for female athletes. These two women compete on the track and cross-country teams for Idaho State University, which is part of the NCAA Division I Big Sky Conference. At the conference championships last year, a male athlete was permitted to compete against the women—after competing on the men’s team for three years—and easily won the women’s mile.
Policies like these ignore good science and biological reality, destroy the fair competition protected by Title IX, and take away equal opportunities for girls and women.
But that’s not all.
Threatening Women’s Privacy and Health
Under Biden’s executive order, federal agencies could mandate that schools with sex-specific facilities for girls—locker rooms, showers, and restrooms—open those spaces to males who identify as females. If these schools refused, choosing instead to find a solution that protected the privacy of all of their students, they would lose their federal funding.
Under the Obama administration, the Department of Justice issued letters threatening the suspension of federal funding for North Carolina’s schools and university system unless the state government renounced the law known as “House Bill 2.” The law ensured that government facilities, including public schools, protect personal privacy by maintaining sex-specific restrooms, locker rooms, and showers. ADF attorneys represented parents who were concerned about their daughters’ privacy.
In addition to that, the Biden administration will likely seek to impose its interpretation of Title IX through the Affordable Care Act—as did President Obama—forcing doctors, hospitals, and health professionals to ignore the physical and medical reality that women’s bodies are different than men no matter what other gender they “identify” as.
With this executive order, these threats to privacy and health will resurface.
The reality is that there are actual physical differences between men and women, and those differences matter. When the law treats men and women as if they have no biological differences, it’s women and girls who get hurt.
Our country was founded on the principle that we are all created equal. But the policies that President Biden is pushing do not treat women equally—in fact, they gut legal protections for women and girls.
A political agenda should never trump the safety, privacy, and equal opportunities of women and girls. And if it does, you can rest assured that ADF will be there to stand up for their rights—all the way to the Supreme Court if necessary.
Will you commit to standing for the freedoms upon which this nation was founded?
Every generation faces a unique moment when it is called on to protect the guarantee of liberty enshrined in our Constitution. This is our moment. Today, you can help defend the American promises of life and liberty.
If you believe these American promises are worth defending, please sign the statement.
- I stand for America’s founding principles: that all men are created equal with inalienable, God-given rights.
- I stand against any unlawful effort by the Biden administration to restrict my constitutional liberties.
- I stand for freedom and will join Alliance Defending Freedom to preserve free speech, religious freedom, the sanctity of life, parental rights, and marriage and family.
Earlier this week, Senator Lindsay Graham introduced Senate Resolution 407, legislation that celebrates religious schools and their contributions to our country by designating the first week of October as “Religious Education Week.”
Imagine if you had escaped government oppression in search of freedom and safety for your family in a new country—only to be greeted yet again with the government treading on Constitutional rights.
When it comes to secondary and collegiate athletics, West Virginia’s save women’s sports law makes sure males who identify as female cannot take a spot on any team from a deserving girl.