House Republicans are investigating the Biden administration's proposed rewrite of Title IX, claiming outside groups may have influenced the decision to place a new emphasis on gender identity.
The U.S. Department of Education (DOE) proposed the new regulations in July 2022, claiming they were necessary to provide "greater clarity regarding the scope of sex discrimination." Under the proposals, which are yet to be finalized, the definition of "sex discrimination" would be redefined to include "discrimination on the basis of gender identity."
Rep. Lisa McClain, R-Mich., and Rep. Virginia Foxx, R-N.C., argue the adjustment would "harm the women that Title IX was designed to protect."
"By redefining 'sex discrimination' to include 'gender identity,' the proposed regulations ... will effectively wipe out female-only sports and spaces in every federally funded school," the congresswomen wrote to U.S. Secretary of Education Miguel Cardona Thursday. "Sex discrimination that includes discrimination on the basis of 'gender identity' will virtually ensure that young women will 'lose out on opportunities, scholarships, and even their basic rights to privacy and safety.'"
Rep. McClain and Rep. Foxx are raising concerns that "external organizations" influenced the Biden administration in writing the proposals. The lawmakers are demanding the DOE produce all documents related to its interactions with such groups on Title IX by the end of the month.
When reached for comment on the investigation, a DOE spokesperson told Crisis in the Classroom (CITC) "the department has received the letter and will review it."
The accusations of covertly working with outside groups by Rep. McClain and Rep. Foxx are the latest of several leveled against the Biden administration. The Heritage Foundation sued the administration in September over its alleged coordination with the Southern Poverty Law Center (SPLC) designating several parents' rights groups as "extremist."
The lawsuit claims SPLC officials repeatedly visited the White House in the months leading up to the designation. Additionally, the Biden administration is accused of using the SPLC's "Hate Map" to "weaponize the federal government against American citizens."
The July 2022 proposals are not the only time the Biden administration has sparked outrage with potential Title IX adjustments. In April, the administration floated prohibiting public schools from implementing outright bans on transgender student-athletes competing based on gender identity.
The proposal was adamantly opposed by both women's sports advocates and parents' rights groups, with 25 of the latter writing a letter condemning the "overreach of executive power."
"It jeopardizes the safety of women and girls, violates their privacy, and reduces opportunities for scholarships and awards - not to mention the flagrant infringement upon states' rights," Nicole Neily, president of Parents Defending Education (PDE) and a signee of the letter, said in April.