WASHINGTON, D.C. — Today, Independent Women’s Forum (IWF), the nation’s most impactful policy organization for women, condemned the Biden administration’s unlawful Title IX regulation, which unilaterally rewrites the landmark sex equality law and undermines women’s rights, free speech, and due process. This new Omnibus Rule, which governs all aspects of the educational experience, turns Title IX on its head through extra-statutory regulations that require schools to allow males to self-identify into women’s spaces, opportunities, and athletics.

Independent Women’s Forum and Independent Women’s Law Center (IWLC) are preparing to sue the Biden administration to enjoin this unlawful action.  

Announcing IWF’s lawsuits against the administration, May Mailman, director of Independent Women’s Law Center said, “Title IX was designed to give women equal opportunities in academic settings. It forbids discrimination on the basis of “sex,” which it affirms throughout the statute is binary and biological. The unlawful Omnibus Regulation re-imagines Title IX to permit the invasion of women’s spaces and the reduction of women’s rights in the name of elevating protections for “gender identity,” which is contrary to the text and purpose of Title IX. This is illegal, and we plan to sue.”

”Taking opportunities from women and giving them to men doesn’t enforce Title IX, it violates it. That was true before the Administration dropped this rule, and it is still true today,” added Jennifer C. Braceras, vice president for legal affairs at IWF and founder of IWLC. “The Department of Education can’t just rewrite the statute by administrative fiat. We are confident the courts will remind the Department of this basic principle and strike down this unlawful rule.”

By claiming that Title IX prohibits discrimination on the basis of “gender identity,” a term never mentioned in the original statute, the Biden administration’s rewrite forces schools to let male who identify as women take women’s scholarships and invade women’s private spaces — including women’s athletic teams.

Polling reflects that 69% of Americans believe athletes should play on teams that correspond with their biological sex.

In an election year, the Biden administration’s lie that this Title IX rewrite does not impact women’s sports is a dishonest attempt to hide their woke agenda from to the American people. 

In addition to its impact on sports, the Title IX Omnibus Rule also redefines “sexual harassment” to encompass a single instance of speech, which will, in effect:

  • force students and teachers to use “preferred pronouns” or face discipline;
  • require schools to eliminate all sexual misconduct, even such conduct of which they are unaware, pressuring schools to create woke bureaucracies to police speech; and
  • dissolve protections for accused students (again, whose action may be failure to use the “correct” pronouns), including the right to see evidence against them. 

The administration’s draft rules, released on June 23, 2022, “in celebration” of the 50th anniversary of Title IX, generated overwhelming public opposition, with citizens filing a record number of comments with the Department of Education. 

Independent Women’s Voice, IWF’s 501(c)(4) sister organization, drove more than 20,000 public comments to the Department of Education opposing the Biden administration’s plan to gut Title IX. The legal and policy objections filed by IWF and Independent Women’s Law Center can be read below:

Female athletes and IWF ambassadors react to the Biden administration’s Title IX Omnibus Rule:

Coach Kim Russell, former Head Women’s Lacrosse Coach at Oberlin College and Independent Women’s Forum ambassador, said: “Make no mistake, this rule will be used by schools as justification for unlawfully punishing anyone who dares to dissent from the orthodoxy of gender ideology. I experienced first hand the desire of woke bureaucrats to punish people who speak out on behalf of women. For now, the Biden administration has provided those bureaucrats cover. But I am confident that this rule will not stand and will be struck down as a flagrant violation of the First Amendment.”

Paula Scanlan, former University of Pennsylvania swimmer and Independent Women’s Forum ambassador, said: “If allowed to stand, the Biden administration’s new rule will set women back decades, eroding the impressive gains that Title IX ushered in.”

Riley Gaines, former 12-time All-American swimmer at the University of Kentucky and Independent Women’s Forum ambassador, said: “With its new Title IX rewrite, the Biden administration is unilaterally erasing fifty years of equal opportunity law for women. The president and his administration can’t act like they care about women or our opportunities and then go and wipe out women’s protections under the country’s landmark sex equality law.”

Independent Women’s Forum has been leading the fight to Take Back Title IX and save women’s sports. Learn more below: 

  • Independent Women’s Forum ambassadors recently joined the “Take Back Title IX” roundtable, hosted by U.S. Senators on Capitol Hill, to advocate fairness in women’s sports. Read their written testimonies here
  • IWF and IWLC have produced a first-of-its-kind report entitled, “Competition Report: Title IX, Male-Bodied Athletes, and the Threat To Women’s Sports,” to help athletic associations, policymakers, and courts understand the growing threat to female athletes.
  • IWF’s Female Athlete Storytelling drive featuring real stories from real women athletes can be found here.
  • IWF organized the first Our Bodies, Our Sports Rally in Washington DC on June 23, 2022 to take back Title IX. The rally, held across the street from the White House, featured female athletes, coaches, parents, and advocates and 17 organizations across the political spectrum to celebrate 50 years of Title IX and urge policymakers to help keep women’s sports female.

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