Biden’s kangaroo gender courts – Washington Examiner
It is now illegal to call a man a man on college campuses nationwide. That is the Kafkaesque result of the new Title IX higher education regulation finalized by President Joe Biden Friday.
Passed in 1972, the 37 words of Title IX seem straightforward. “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.”
But, first under President Barack Obama and now under Biden, these words have been twisted into a regime where a female student who does not want to see a man’s genitals in her college bathroom, locker room, or dorm room can be convicted of sexual harassment and, without any due process, expelled from school, all for the simple crime of truthfully noting that a biological man is a biological man.
This insanity began back in 2011 when the Obama administration sent a “Dear Colleague” letter to college administrators outlining a new process for handling sexual assault allegations on campus. If schools wanted to keep receiving federal funds, the Obama administration said they must abandon the criminal code’s “beyond a reasonable doubt” standard when handling sex-related allegations and instead use a “preponderance of the evidence” standard.
Under this new system, a woman could accuse a man of sexual assault. Without ever seeing the charges against him, and without access to legal representation or cross-examination, special Title IX administrators would then investigate the charges and render judgment without any chance for the accused to defend themselves.
President Donald Trump’s Education Secretary Betsy DeVos dismantled these kangaroo courts, but now Biden has brought them back … with a transgender twist.
For the first time ever, the word “sex” under Title IX will now also include a student’s professed gender identity. In other words, if a man says he is a woman, not only must the school believe him, but the school must also use its full administrative power to force all students to behave accordingly.
This means men can now force their way into women’s bathrooms, locker rooms, and dorm rooms. If your daughter shows up to college campus next fall, and her assigned roommate walks around naked with his genitals hanging out, she better not complain. Because if she does, her transgender roommate can accuse her of sexual harassment and she will find herself in front of the same kangaroo courts for judgment that men accused of sexual harassment faced under Obama.
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Is this really what Sen. Birch Bayh intended when he authored Title IX? Did he really want to destroy every gender-specific space on college campuses? The rest of the amendment sure doesn’t seem so. It notes the law is not intended to disrupt “social fraternities and sororities” as well as “father-son or mother-daughter activities.” Title IX was supposed to make it easier for women to thrive on college campuses, not eliminate every safe place on campus.
Biden’s latest Title IX regulations punted on the issue of biological men competing in women’s sports until after the election. This is a cynical political move. But what is in the rule he did publish is damning enough. It is an assault on free speech and the due process of law. It will be challenged in federal court and it will lose. The challenge, and the loss, can’t happen fast enough.
