Author: Edward Bartlett

Biden Title IX Take Over Threatens Due Process, The Most Fundamental Legal Right

Teresa R. Manning

Policy Director, National Association of Scholars

Hello everyone. My name is Teresa R. Manning, Policy Director at the National Association of Scholars & author of its 2020 Report, Dear Colleague: The Weaponization of Title IX, which advocates fundamental fairness in education, also known as DUE PROCESS.

DUE PROCESS refers to the “basket of rights” that protects ALL of us, especially in our legal system. These rights particularly protect the lone individual up against powerful institutions like GOVERNMENT and SCHOOLS.

DUE PROCESS includes the presumption of innocence, the right to see evidence and the right to impartial decision-makers.

DUE PROCESS is probably the most important legal development EVER.

It ensures that legal hearings are not witch trials, not star chambers, and not kangaroo courts. It is the jewel in the crown of Western law.

But DUE PROCESS is now under attack by the Biden Education Department.

Biden’s proposed Title IX Rule to govern sex discrimination complaints in schools, including allegations of sexual misconduct, would return to the bad old days of the “single investigator” INQUISITION, where one school official holds “individual meetings” to decide guilt or innocence instead of a formal hearing with due process protections like cross examination & the right to submit & refute evidence.

My 2020 Dear Colleague Report found that school officials are not only overwhelmingly ideological, with backgrounds in things like “women’s studies, but they have virtually no courtroom experience where due process protections are put into practice.

This means that Title IX officials don’t really know due process, understand due process or value due process.

These ideologues are not just in the Title IX office; they basically run American higher education. They’re angry at biological realities like the differences between men and women and the more serious consequences of sexual relations for women. So they are waging war on biological reality: They attack sex roles and they attack men – with campus kangaroo courts where innocent male students are branded sex offenders because basic due process, including the right to defend oneself, was lacking.

Fortunately, real courts have pushed back on this Title IX totalitarianism: Hundreds of courts have ruled against schools and in favor of the wrongly accused under Title IX.

A SHOW DOWN IS COMING BETWEEN THE BIDEN ADMINISTRATION & THE COURTS

Courts are insisting that schools observe due process, including the right to impartial decision makers, something Bident’s “individual meeting” INQUISITION method lacks.

The Biden people are not only ignoring this case law but they are also ignoring case law on how to define sexual harassment that triggers Title IX, as well as case law on the limits of agency action.

The 1999 Supreme Court decision of Davis v. Monroe County Board of Education insists that sexual misconduct be “severe, pervasive & objectively offensive” such that educational access is denied, to trigger Title IX. But the Biden proposal defies the Davis case, expanding the definition of sexual harassment to include “subjective evaluation” of conduct, which eviscerates the Supreme Court’s required objective standard.

The Supreme Court also just found that executive agencies like the Environmental Protection Agency – or the Education Department’s Office for Civil Rights! – cannot hide behind  redefinitions to decide “major questions” making policy, a function that falls only to Congress.

Yet that is precisely what the Biden people are doing in Title IX, by expansively re-defining not just sexual harassment but the word “sex” itself to include gender ideology and same sex orientation.

THIS ACTIVIST, AGENCY OVERREACH & ATTACK ON DUE PROCESS WILL NOT STAND.

The National Association of Scholars stands with the 140 organizations opposed to Biden’s Title IX Takeover as well as with the 15 state attorneys general who are right now suing the Biden people for their lawlessness. We urge everyone to HELP PROTECT DUE PROCESS: OPPOSE BIDEN’S PROPOSED TITLE IX RULE. 

Public Comments can be made here.

Note: This presentation was made at the Stop the Title IX Take-Over rally on August 11.

Democrats Embrace Sex Change for Kids

Jon Schweppe

Good morning everyone.

Well, we know the Left loves to lie to people’s faces and take a bad thing and pretend that it’s a good thing. We saw this just the other day – half a trillion dollars in new spending, and what do they call it? The Inflation Reduction Act. Absolutely ridiculous. We know this on other issues, too. Abortion – tearing an infant limb from limb – what do they call that? Reproductive health care. And here we have another issue where the Left is just lying to our faces. They call what they’re doing to children – they call it “gender-affirming care.”

But “care” is a real misnomer, isn’t it? Because what we’re talking about – what they’re doing to kids here – is giving puberty blockers to kids as young as 8, cross-sex hormones to kids as young as 14, sex change surgeries – double mastectomies for young teenagers, fifteen years old – it’s absolutely Nazi Germany stuff, and we’re doing it right here in the United States.

This is being pushed – unfortunately it’s not just the activist Left, it’s not just our politicians although the Biden Administration is obsessed with this – but it’s being pushed by all parts of our society, culture, institutions, medical professionals, the education system, certainly corporations, Big Pharma stands to make a lot. You know, a lot of people don’t realize this with these cross-sex hormones, but once you start on a regimen, you’re on it for life. That’s hundreds of dollars, probably thousands of dollars over the course of a year, and Big Pharma is standing to profit from that.

Part of the problem here is that this is so widespread across our culture that there’s really only one way to stop it, and it’s politics. We have a real problem on our hands because Republicans are weak. They’re not very good on this issue.

We have some that have been really good, we have to give them credit. Senator Marshall from Kansas, as soon as he got into office, introduced a bill to try to push back against this stuff. LaMalfa, Jim Banks, both on the House side have been good. Rand Paul, we know him from his hearing with Rachel Levine, where his first two words in the hearing were “genital mutilation,” so you have to give him credit for that. Tom Cotton has been good as well.

But the reality is that Republicans have not, while they have on an issue like women’s sports, they haven’t quite put this as a top issue, where they’re talking about it, where they’re expressing outrage about what’s happening. We have to change that.

Polls show we’re winning – we’re actually crushing the Left on this issue. APP did a poll on this recently and we’re at like 58 percent of people agreeing that we shouldn’t do this to children. When we actually compared that to the Left’s argument, where the Left is saying this is life-saving treatment and all these kids are going to kill themselves, we actually made that comparison, and our numbers went up. So the American people are against this. They think it’s outrageous. But we’re not doing anything about it. So we have to give credit: we have state legislation that’s passing. That’s good. We need to pass the SAFE Act in every single state. I think we have legislation in five states right now where we’re actually getting some stuff done on this. But this has to be a priority. This really is the moral issue of our time.

And so call your Member of Congress, call your Senator, demand that this is a priority, that they fight against sex changes for kids, it’s wrong, it’s unAmerican, and we won’t stand for it.

Thank you so much.

Note: This presentation was made at the August 11 Stop the Title IX Take-Over Rally in Washington, DC.

The Family Is the Greatest Resource Ever Given to Our Nation Under the Natural Law – Not Title IX Law

Frank J. Nice

Our nation’s greatest resource is the family.  The best form of government is the smallest government.  The smallest of government is the family.   It does not matter to what political party our family belongs, what religion our family practices, what ethnic ancestry our family comes from, or what color our family is.

We know that we need strong families with loving and caring parents. Parents and family members know what is best for their families to thrive.  We do not need elected officials curbing and taking over our God-given parental rights and responsibilities.  We need elected leaders to ask us what they can do to help us once again have strong families. We need elected officials who will support children’s growth in the family with entitlements that respect the birth sex of our children.  We need to protect our God-given children, especially our daughters, from sex discrimination and abuse that forces our children to share locker rooms and bathrooms with those of the opposite sex and forces them to compete in sports against much stronger transgenders.

Government leaders need to give parents the dignity they have earned and deserve. Dignity is the quality of being worthy of honor and respect. We give dignity to parents by honoring and focusing on the diversity and beauty of families and by allowing children to grow and mature under the leadership of their fathers and mothers. We need to prevent any policy or law that takes away the dignity of the family to give privileges and entitlements, instead, to those who promote sex based on non-birth sex orientation, gender identity, sex stereotypes, and sex characteristics. We need to prevent destroying our already fragile families by those who take away parents’ rights to raise their children under the Natural Law, not under Title IX Law.

I am the father of six children and grandfather of eleven grandchildren. The government must not be allowed to take away my dignity as the father of my children and thus the dignity of my children. Our elected leaders must once again return dignity to our greatest resource, our families, over and above any issue that destroys our families by giving honor to less worthy causes, such as the draft Title IX regulation. You, dad; you, mom; you, children; you, grandparents are the resources given to our leaders to prosper us and to provide for the common good of our precious families and society. It is not about being a Democrat leader or being a Republican leader; it is about being a Family leader.

Any “reformation” of Title IX will have an impact on the family. We must not allow Title IX to fundamentally transform our families where parental rights, roles, and responsibilities are transferred to and replaced by the State. These rights, roles, and responsibilities include only parents defining the sex of their children, preventing gender experimentation on their children, having due process in all sex-related issues, and restricting sexually oriented curricula to their children under the protection of free, not mandated, speech for parents and students. Only God has the right to change the character of families.

Note: This presentation was made at the Stop the Title IX Take-Over rally on August 11.

The Woke Has Poked Mama Bear

Tabitha Walter, Executive Director

Eagle Forum

It’s so great to see so many people advocating for the present and future of our country! I’m honored to stand up here with amazing leaders from across the country who are advocating for truth.

I’m Tabitha Walter and I’m the Executive Director of Eagle Forum. I’m also a mom of two toddlers and I want to share why that means something regarding the new Title IX regulations. A little over four years ago, I found out through a blood test that the baby in my belly was a boy. That evening I attended a Fairfax school board meeting to oppose their new school curriculum that taught kids lies about their gender and bodies. I told them that my son’s sex wasn’t chosen for him; it was rooted in his biological DNA. I didn’t want my little boy believing that he was born in the wrong body especially because of something he learned at school.

Yet, we have an administration that is pushing that on our kids beginning in elementary school and telling them to hide it from their parents. Title IX redefines “sex” to include gender ideology. This means that biological boys who claim to be girls can help themselves to girls’ bathrooms and locker rooms and compete unfairly against girls. This also means that radical gender ideology curriculums have an open door into schools beginning as young as kindergarten.

While all of this is being implemented, teachers and school administrators have no obligation to inform parents. Even if a child changes their pronouns, openly questions their gender, or requests to be called by a different name, school officials have no obligation to inform the parents of what is happening at school. In fact, teachers have more protections under the new Title IX regulations if they encourage students to hide their feelings from their parents and if they push them toward puberty blockers or other body altering procedures.

I’m truly concerned about my daughter’s future. Will she ever have a chance to be a top athlete or even have the motivation to try her best if boys are dominating her sport? Will she be safe in her own bathroom at school? Will she be told that she isn’t really a “she” and that her beautiful characteristics are ugly or unimportant? Not under my watch!

The Department of Education’s rewritten Title IX regulation would erase 50 years of progress for girls and women. Regardless of what the Biden administration says, this mama bear is going to know what my children are learning, who they are sharing private spaces with, and that they can be confident in the body that God created for them.

When I stood in front of that school board, I didn’t have children who were old enough to attend public school in that district. There were parents attending who homeschooled their children or sent their kids to private school. Their voices were just as important. YOUR voices are just as important. Why? Because these are the children who will be leading our country one day. THEY will make decisions for YOUR children one day. We don’t just fight for now. We fight for the future! Thank you!

Note: This speech was presented at the Stop the Title IX Take-Over rally on August 11.