WASHINGTON (CITC) — A coalition of 25 organizations representing almost 400,000 members of parental rights groups wrote a letter to U.S. Education Secretary Miguel Cardona Wednesday expressing "deep concern" over the Education Department's "efforts to coerce schools" into allowing biological males, who identify as transgender, to compete with women's sports teams.
The letter is in response to the Biden administration's recently proposed Title IX changes on transgender participation in school sports, which were released earlier this month.
The changes indicated schools could not implement outright blanket bans on transgender athletes competing on sports teams that correspond with their gender identity. However, the newly proposed rule did say high school and college teams could implement some restrictions for the sake of competitive fairness and safety, but there are several qualifiers that must be taken into account before something like that can be done.
We oppose the Department’s efforts to coerce schools into allowing transgender athletes to participate on the team of their self-professed gender identity on the grounds that these changes will negatively impact the mental and physical well-being of biologically female student athletes, and also harm both parental rights and federalism – as well as the budgets of federal, state, and local education agencies across the country," the groups' letter to Secretary Cardona stated.
This proposed rule is an overreach of executive power and an encroachment on federalism," the letter continues. "It contradicts existing laws in 20 states that bar biological males from competing in female athletics. The executive branch's explicit invalidation of duly enacted state laws stomps on the will of elected representatives across the country – and if such a sweeping change be desired at the federal level, it should be enacted through Congress and not by administrative fiat."
The letter also explained the potential tax burden the Biden administration's new rule could create, insisting the cost to accommodate transgender individuals in sex-specific sporting activities "will likely be significantly higher" than the $24.4 million the Biden administration has estimated.
America’s more than 98,000 public schools will need to construct and/or retrofit facilities to accommodate transgender students while protecting the privacy and safety of biologically female minors," the letter argues. "Indeed, Loudoun County Public Schools’ pilot program to explore these changes at only 2 of its 18 high schools has been estimated to cost $11 million - a district that also has 65 elementary schools and 21 middle schools that will also require renovations."
Nicole Neily, President and Founder of Parents Defending Education, a non-profit "working to reclaim our schools from activists promoting harmful agendas," insists the Biden administration's proposed Title IX rule is "deeply unpopular" with American families.
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," Neily said. "Thousands of Americans have already submitted comments in opposition to this proposed rule through PDE's comment portal - which is essential, as the Department only provided for a 30-day comment period."
Republicans in Congress are already pushing back against the Biden administration's proposed rule. GOP House members have introduced H.R. 734, knowns as the Protection of Women and Girls in Sports Act, which would prohibit schools that receive federal funding from operating "programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls."
Title IX of the 1972 Education Amendments was written to ensure that 'no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,'" the coalition letter to Secretary Cardona concluded. "Sadly, the sweeping changes to athletics under Title IX erode the very rights that protect all students - regardless of sex - and ensure a safe and equitable learning environment."
When reached for comment on the letter sent to Secretary Cardona, the Department of Education directed Crisis in the Classroom (CITC) to a press release outlining the department's proposed changes to Title IX.
"Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages," Cardona said, according to the press release. "Today's proposed rule is designed to support Title IX's protection for equal athletics opportunity. We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX's effective protection for all students."
Cardona pointed out during a hearing in Congress this week that the department will stop taking public comments after May 15.