As of August 1, 2024, the new federal Title IX interpretations and definitions are to be in effect for institutions across the United States. As a result, our school district policy 522 needs to be reviewed and possibly updated. The policy committee will be meeting on Monday August 19, 2024 to review this.
The school board had a 2.5 hour retreat and a work session on 8/12/2024 (those posts will follow soon!) at which time Title IX and the rules set by the Minnesota State High School League (MSHSL) were briefly discussed. Yesterday’s People’s Press, 8/15/2024, featured this discussion highlighting the concerns brought forth by board member Deborah Bandel. Title IX and MSHSL deserve our attention and further discussion.
As I mentioned at Monday’s meeting, the topic of Title IX has come with much controversy and debate. Anytime we have new interpretations and new definitions of previously familiar words and laws, we need to consider what is lawful, fair and right.
Title IX was approved by congress and signed into law in 1972 with just a short 37-word statement, basically stating that there can be no discrimination on the basis of sex (referring to biological sex) in any organization receiving federal funds. The original intent was to provide fairness and equality and protection for women in sports. The Biden administration has set forth rules for Title IX that redefine “sex” to include sexual orientation and any gender identity, as well as protections for pregnancy status and abortion rights.
According to attorney Sarah Perry from the Heritage Foundation, there are a few reasons why the Biden administation’s new definitions for Title IX are not lawful and many states are trying to work through this. These are the main reasons to state that the new interpretation is unlawful:
1. Congress officially only authorized the original Title IX federal law, they have never formally authorized Biden’s new definition of sex and his interpretation. As I understand the recent Chevron ruling by the Supreme Court, institutions are required to follow the original federal ruling if there is any question or doubt regarding interpretation of the law. We must follow federal law first and foremost (as a Christian, however, God’s laws come first, then federal law), despite what rules an institution has set in place.
2. Given the first amendment and the right to free speech, no institution can compel speech (forcing the use of alternative names and pronouns)
3. The new interpretation for Title IX does not allow for due process to protect fairness, life, liberty and property, especially for the girls that are required to share bathrooms, hotel rooms, locker rooms, and share their competitive sport with a biological boy (even surgery and puberty blockers will never change the DNA of XY male to XX female. This DNA is within every cell of the human body). This was Ms. Bandel’s primary concern that led to the discussion at last Monday’s work session.
4. Adding transgender students to their gender-identified team essentially violates the original Title IX rule which was meant to protect girls and women and give them equality (now equity is the common term) for competition and safety.
5. MSHSL, by requiring schools to allow transgender students to participate with the gendered team they identify with, also violates the original Title IX rule and should not be allowed to require this. I don’t understand how MN allows MSHSL to do this, and to be the only organization in MN that our students can have any meaningful organized competition with. While I don’t want to take away extracurriculars from our kids, had I known this before, I would have reconsidered my vote for MSHSL… I cannot vote for an organization that is violating federal law (and God’s law).
This is a link to just one example of how some states are struggling with the new interpretation of Title IX. Plus, there are additional links at the bottom of the article that lead to other examples:
https://adfmedia.org/case/state-louisiana-v-us-department-education
Sarah Perry also noted that the federal government has never withheld funding from a school on this basis and if anyone chose to file a complaint, the process takes 6+ months, then the legal process can take another 6-9 months. Therefore, taking our time to fully consider what Title IX means for our district and Minnesota and the implications of MSHSL rules seem a worthy cause. All school board members have each made an oath of office to uphold the US Constitution first and foremost and to speak on behalf of our constituents. While I know that the district desires to prevent any lawsuit against it, ultimately, I believe that we all want our children to be safe and treated fairly.
More to come…our district’s policy committee will be reviewing policy 522 on 8/19/2024 and will bring a revised policy to the board for review and approval. Please come to speak at public forum during our regular meetings on August 26, 2024 or September 23, 2024 if you’d like to share your thoughts on this topic to the board. Alternatively, you can email us anytime, our email addresses are on the district website.
Take care, be safe at the fair.
Soli Deo Gloria…forever.
Elizabeth for Owatonna Schools 