Tuesday Talk*: Will Next Gen Title IX Regs Undermine Parental Authority?

To no one’s surprise when President Biden appointed Catherine Lhamon as head of the DoE Office of Civil Rights, her raison d’etre swiftly focused on undoing one of the few good things that came out of the past administration, the DeVos Title IX regs that sought to introduce some small measure of due process into the morass of campus Title IX sex tribunals. Lhamon, one of the primary architects of the Sexual Inquisition, would have none of it.

Specifically, the rule would:

  • Enshrine protections for sexual orientation and gender identity, as well as “sex stereotypes, sex characteristics, [and] pregnancy or related conditions.”
  • Permit, but no longer require, live hearings and cross examination in Title IX investigations.
  • Expand the definition of sexual harassment.
  • Clarify the protections students, faculty, and staff have from retaliation by their  institution.
  • Require colleges to confront off-campus conduct that “creates or contributes to a hostile environment.”
  • Require certain campus employees to notify the Title IX office of possible sex discrimination, a return to broader mandatory-reporting requirements. If an incident involves students, anyone with “teaching” or “advising” responsibilities — in other words, most faculty members — must report it. Some professors have criticized mandatory reporting, saying it harms the trust they’ve built with their students.
  • Require all other faculty and staff members to provide students with the contact information of the campus Title IX coordinator, unless they’re designated as confidential resources.

This is a generous description from the Chronicle of Higher Ed, a supporter of all things woke in education. Most of the changes are undoing, in full or part, basic due process protections such as requiring hearings and cross, requiring the accused be informed of his offence and given access to the evidence against him and prohibiting the “single investigator” model of one inquisitor being investigator, jury and executioner. But i digest digress.

For the first time, the proposed regulations would formalize protections against  discrimination based on “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity” under Title IX. But the Education Department punted on the question of transgender students’ participation in athletics, saying officials would propose a separate rule in the future.

The Biden administration has interpreted Title IX as prohibiting discrimination based on these protections, but that interpretation hasn’t previously been codified.

In the interim, the Supreme Court decided Bostock v. Clayton County, which was expressly limited to Title VII (employment discrimination) cases, which was immediately ignored and applied to Title IX (sex discrimination in education) cases because of Justice Neil Gorsuch’s failure to stop at a clear and limited holding and need to explain himself using sloppy, confusing language. While the case did not, as so many pretend, hold that “sex discrimination” includes discrimination on the basis of sexual orientation and identity, the dicta was enough for those who desperately wanted to use Bostock for their own purposes of using the word “sex” to mean anything but, to claim authority. Lhamon was such a desperate person, and never shy about claiming authority no one ever gave her.

What this means for students seems to be that they would be protected in their choices of identity, name, pronouns, gym classes, locker rooms, overnight accommodations on trips, and, potentially, sexual encounters with other students who might not be familiar with what they have under their zipper.

And what about the parents of elementary school kids? Do they still get a say under the proposed new Title IX regs?

Because this new Title IX frames gender ideology as an anti-discrimination issue, schools won’t have to seek parental permission for children to participate in lessons on choosing and changing one’s sex. Indeed, schools will very likely use Title IX’s anti-discrimination mandate to justify denying parental opt-outs from these controversial lessons.

The rules will also grant children an absolute right to use school facilities and participate in activities “consistent with their gender identity,” regardless of whether their parents agree or are even aware of said identity.

While this may seem hyperbolic, it may well prove to be what the DoE requires of schools to protect the rights of students despite their parents’ position. While the Supreme Court held parents have a fundamental right to direct the care, upbringing, and education of their children, neither Lhamon nor certain LBGT activists care much about such matters. As the new regs will essentially require schools to defy this (among a great many other) court rulings, it will give rise to years of litigation and lives affected.

Is this how gay and transgender rights should be protected? Will this be limited to “rights” or will children who show any variance from the gender norm be pushed into puberty blockers and name changes? Do parents of minor children have a say in their children’s upbringing or does the public school system under Czar Lhamon now control their children’s future?

*Tuesday Talk rules apply.

14 thoughts on “Tuesday Talk*: Will Next Gen Title IX Regs Undermine Parental Authority?

  1. Richard Parker

    I have come to the conclusion that itt is largely about increasing the number of avalable sex partners for certain minotity groups.

      1. Rojas

        Damn, when are they coming to Gruene Hall? Pretty sure my wife would need a solid defense attorney if I took her for a weekend of music in the live oaks and cypress without prior full disclosure. And then there’s that other thing I never got around to. I hereby bequeath my bare rifle..

  2. L Phillips

    It’s almost as if the government wants to get out of education on the K-12 level. My daughter switched her two sons to charter schools that are known to be academically challenging and have, so far, avoided the woke BS. This means an additional cash outlay and two hours per day on the road delivering and picking them up because the charters have no bus service. She considers the financial and personal costs to be a bargain.

  3. B. McLeod

    This is likely to result in a lot more home schooling, as the only way to protect children from the encroachment on parental rights is to remove them from the environment where it is being implemented.

      1. PK

        I went to a different Catholic school than your kids. The academics were great. I got substantial amounts of BS, though. Also, good for you. Not everyone can afford the expense. In case you don’t understand me or I messed up the delivery as I do, I generally agree with your decision despite my experience. It’s academics above all else, really.

    1. PK

      Or maybe, just maybe, the objectors could teach their children to think for themselves? You seem to be assuming two things. This an attempt to indoctrinate children and the attempted indoctrination will succeed. I can’t help but talk about my own experience, thanks be to TT, because I assumed schools were meant for indoctrination. It’s a Catholic school thing. What they tried didn’t work, though. Nothing my parents tried did. Ask the Host.

      I like doing the whole “protect the children” thing too when the situation calls for it, but here? They’re gonna be bombarded with information if it isn’t happening already. Protect them by trying to teach them to be made of sterner stuff than having to run away from knowledge, even if you minimize it to the point that it is only knowledge of what others believe even if untrue.

      I’m not saying this sort of heavy handed, top-down decree is correct. Just that memorizing some shit and regurgitating it isn’t the end of the world or education or parental rights or anything. The knee-jerk “reeducation” jokes are a bit much.

  4. Drew Conlin

    It’s probably time for the old , quaint, Woody Allen joke of being bisexual doubling the chance of getting a date on Saturday night to be updated…..

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