The Biden Administration’s recent changes to Title IX of the Education Amendments 1972 to include “sexual orientation” and “gender identity” in the definition of ‘sex’ has generated controversy, especially among those concerned about its impact on women’s privacy, female athletes, parental rights and freedom of speech and religion. 

The original law, passed in 1972, addressed issues such as sex discrimination and barriers facing women in education. 

As ADF International has outlined:

“Title IX was intended to eliminate obstacles that many women faced in education, especially in higher education. The main provision of Title IX states, “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.” 

In practice, Title IX bans most sex discrimination in college admissions, requires colleges and universities to prohibit sexual harassment on campus, allows women greater access to financial assistance, bans discrimination based on pregnancy status, and has been instrumental in paving the way for the later expansion of women’s sports”.

Commenting on the changes, Rachael Rouleau, Legal Counsel for Alliance Defending Freedom said:

“The Biden administration’s radical redefinition of sex turns back the clock on equal opportunity for women, threatens student safety and privacy, and undermines fairness in women’s sports. It is a slap in the face to women and girls who have fought long and hard for equal opportunities. The administration continues to ignore biological reality, science, and commonsense, and women are suffering as a result. The administration’s new regulation will have devastating consequences on the future of women’s sports, student privacy, and parental rights, which is why Alliance Defending Freedom plans to take action to defend female athletes, as well as school districts, teachers, and students who will be gravely harmed by this unlawful government overreach.”

Here in Australia, the Human Rights Law Alliance represents clients who have similarly been impacted by the confusion of language, the erosion of the male/female binary, and compelled speech. 

Queensland psychiatrist Dr Jillian Spencer, with HRLA’s assistance, is currently challenging her employer in court regarding the use of pronouns and the requirement to conform to gender ideology in the workplace. 

HRLA client and GP Jereth Kok was suspended for making comments critical of this confusion. HRLA will be assisting Jereth when his matter comes before the Victorian Civil and Administrative Tribunal later this year.