Month: September 2022

Resolution to Reject Harmful, Coercive, and Burdensome Gender Identity Policies and Protect School Lunch Programs and Federal Funding Subject to Title IX

Post author By Edward Bartlett
Post date September 29, 2022

Resolution to Support Parents, Schools, and Districts in Rejecting Harmful, Coercive, and Burdensome Gender Identity Policies and Protect School Lunch Programs and Federal Funding Subject to Title IX

By Christin Bentley, SD1 Committeewoman

WHEREAS, Title IX of the Education Amendments of 1972 was enacted into law 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”; and

WHEREAS, original and existing Title IX regulations acknowledge “physiological differences between the male and female sexes”; and

WHEREAS, on June 23, 2022, the U.S. Department of Education (USDOE) released proposed changes to Title IX regulations that would contradict the plain language of the law; and

WHEREAS, the proposed regulations would prohibit schools that receive federal funds, including public, charter, private, and parochial schools, from “adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity,” thereby compelling schools to deny biological reality; and

WHEREAS, under the proposed rules, actions such as a student or staff member using a child’s legal name and biological pronouns rather than the child-selected preferred name and pronouns could be deemed a form of “sex-based harassment,” subjecting schools and staff to civil litigation and loss of federal funds; and

WHEREAS, the proposed regulations would require that K-12 schools socially transition minor children to a different gender without requiring parental notification or involvement; and

WHEREAS, Texas law and the United State’s Constitution and legal precedent recognize the right of parents to direct the education, upbringing, and physical and mental health of their children; and

WHEREAS, under the proposed rules, schools would be required to grant access to sex-separate restroom and locker room facilities based on gender identity rather than on biological sex, which would place girls and women at increased risk for harassment and sexual assault by males who claim a female identity; and

WHEREAS, the USDOE proposed regulations pertaining to athletics would require sports teams to be based on gender identity rather than biological sex, forcing women and girls to compete on an unfair basis against males for athletic opportunities and scholarships; and

WHEREAS, Governor Greg Abbott signed into law the Save Women’s Sport’s Bill (H.B. 25) that says the athlete’s sex assigned at birth determines if a student plays in girls’ or boys’ sports in high school; and

WHEREAS, in guidance issued May 5, 2022 and in a rule promulgated on June 14, 2022, the U.S. Department of Agriculture announced that it will interpret the prohibition on sex discrimination found in Title IX and the Food and Nutrition Act of 2008 to include discrimination based on gender identity; and

WHEREAS, Texas public schools, nonprofit private schools, and residential childcare institutions could now be forced to choose between adopting gender identity policies or foregoing federal funding to provide subsidized free or reduced-price; now

THEREFORE, BE IT RESOLVED, that the Republican Party of Texas declares its unequivocal opposition to the proposed regulatory changes released by the U.S. Department of Education on June 23, 2022; and

BE IT FURTHER RESOLVED that the Republican Party of Texas supports the lawsuit filed by Texas Attorney General Ken Paxton and 21 other state Attorneys General seeking to invalidate the newly enacted Department of Agriculture rules that tie continued receipt of federal nutritional assistance and other funding subject to Title IX to the adoption of gender identity policies; and

BE IT FURTHER RESOLVED that the Executive Committee of the Republican Party of Texas directs the Chairman to issue a press release notifying the public, media and Texas Congressional members of this resolution upon its passage.

NOTE: This Resolution was unanimously approved by the Texas State Republican Executive Committee on Saturday, Sept. 24, 2022.

Attorneys General School the DOE on Meaning of ‘Free Speech,’ ‘Due Process,’ and ‘Constitutional Rights’

Post author By Edward Bartlett
Post date September 19, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Attorneys General School the DOE on Meaning of ‘Free Speech,’ ‘Due Process,’ and ‘Constitutional Rights’

WASHINGTON / September 19, 2022 – The Attorneys General from 18 states have submitted comments to the U.S. Department of Education (DOE), in response to a proposed Title IX regulation that has stimulated widespread debate and opposition (1). The Attorneys’ General comments represent a tutorial on the meaning and application of First and Fourteenth Amendment guarantees in the higher education setting.

The first letter, signed by the Attorneys General of MT, AL, AR, GA, IN, KS, KY, LA, MS, NE, OK, SC, SD, TN, TX, UT, and VA, first analyzes the DOE proposal to vastly expand the definition of sexual harassment. This change would “chill the free exchange of ideas,” which would “intimidate students and faculty into keeping quiet on controversial issues.” (2)

The letter then deplores the rule’s plan to remove or modify important due process safeguards, including advance disclosure of evidence, impartial investigations, key written notice provisions, and live hearings. Cumulatively, these changes are “reminiscent of Star Chambers” that “stacked the deck against accused students.” The 37-page letter concludes, “In many instances, moreover, the Department’s Proposed Rule conflicts with the text, purpose, and longstanding interpretation of Title IX.”

The second letter charges the draft regulation lacks a clear statement of authority from Congress, and highlights the proposed rule’s unlawful attempt to preempt state laws that protect the rights of females. Signed by the Attorneys General of IN, AL, AZ, AR, GA, KS, KY, LA, MS, MT, NE, OK, SC, SD, TN, TX, UT, VA, and WV, the letter concludes simply, “The Proposed Rule threatens to destroy Title IX.” (3)
Attorney General Ken Paxton of Texas flatly charges the Biden proposal will “destroy constitutional rights.” (4) AG Paxton’s letter to the DOE concludes tartly, “the Proposed Rule promises to repeat the mistakes of the Department’s ill-advised 2011 Dear Colleague Letter.” (5)

All three letters sharply criticize the DOE plan to expand the definition of “sex” to include “gender identity.” Noting that the draft policy lacks definitions of “sex” or “gender identity,” the first letter notes that the Department of Education “simply waves its hand and—by regulatory fiat—alters a fundamental term, as if its novel definition was axiomatic.” (2)

The first letter also highlights the role of Catherine Lhamon, who served as the DOE Assistant Secretary for Civil Rights from 2013 to 2017, and was re-appointed to the same position in 2021. During the earlier period, the letter notes that Lhamon played the lead role in creating a “constitutional and regulatory mess.”

Citations:

Campus Due Process Free Speech Office for Civil Rights Press Release Sexual Harassment Title IX

Title IX Network Groups Lead Effort to Bombard DOE with Over 240,000 Title IX Comments

Post author By Edward Bartlett
Post date September 15, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Title IX Network Groups Lead Effort to Bombard DOE with Over 240,000 Title IX Comments

WASHINGTON / September 15, 2022 – The Department of Education proposed a new Title IX regulation on June 23 that provoked widespread debate. In response, 240,085 public comments about the controversial policy were filed with the DOE before its September 12 deadline (1). Many of these comments were filed as a result of the efforts of over 160 groups that participate in the Title IX Network (2).

Following are examples of the outreach activities of several Title IX Network members to promote the submission of comments:

The Family Policy Alliance drafted a comment (3) and encouraged the submission of 13,000 comments by the members of its network.
The Texas Eagle Forum (4) sent an action alert to its subscribers/members, providing links to the SAVE website, including research links and submission instructions (5).
Speech First sent multiple emails to its email list of 110,000 members directing them to the comment submission pages of SAVE and the Defense of Freedom Institute (6), as well as to Speech First’s website (7).
United Families International created a dedicated webpage, including talking points, tips for effective writing of comments, instructions, and the link to the government portal, and sent several Action Alerts and reminders (8).
Katartismos Global sent information to the Anglican Church in North America, American Association of Evangelicals, and a national prayer initiative called the World Prayer Network (9).

SAVE submitted nine separate comments, including a listing of the organizations opposed to the draft regulation (10), the names of 235 religious leaders opposed to the Title IX policy (11), and an analysis of 175 judicial decisions in favor of campus due process (12).

The proposed Title IX regulation negates basic free speech and due process provisions of the Constitution, ignores the milestone Davis v. Monroe Supreme Court decision, subverts Congressional intent, and inexplicably contradicts the fundamental purpose of Title IX, which is to curb sex discrimination in schools.

SAVE calls on the Department of Education to promptly withdraw its ill-considered Title IX regulation.

Citations: