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The Unconstitutional Assault on Parental Rights, Women’s Sports, and Due Process

Imagine your son calls from his college campus, informing you that he’s been accused of sexual assault or misconduct. The school’s investigation, however, will deny him the right to face his accuser, introduce evidence, cross-examine witnesses, and there will be no live hearing or due process. The damage to his reputation would be immediate and likely irreversible. No rape kits are required, and the accused is presumed guilty until proven innocent—completely contrary to our constitutional rights.

Now, picture your daughter on an overnight junior high school field trip, calling to tell you that biological males are sharing rooms and overnight spaces with her.

How would you feel if you were served with a sexual harassment lawsuit from the Office of Civil Rights because you misgendered someone or used the wrong pronoun? What if we lived in a country where we were forced to say things we don’t believe and prevented from expressing what we do?

What if we watched as women’s and girls’ sports were completely eliminated, taking with them any opportunity for female athletes to earn college scholarships?

What if you were told that your tax dollars would now fund an increased push for abortion services in K-12 schools and on college campuses?

Sounds crazy, right?

Welcome to the Biden Administration’s and the Department of Education’s extremely radical and unconstitutional re-write of Title IX, which went into effect just a few days ago on August 1st.

In 1972, after years of hard-fought legal battles, Congress enacted Title IX of the Education Amendments to ensure equal educational and athletic opportunities for all students, regardless of sex, protecting the rights of girls and women as fundamentally enshrined in our Declaration of Independence and the U.S. Constitution. Title IX was originally only 37 words long and was signed into law by President Nixon. Before Title IX, only 15% of college athletes were women, and just one in 27 girls played sports. Today, over 40% of college athletes are women, and two in five girls participate in sports. Since Title IX, 3 million more high school girls and 200,000 more college women have had the opportunity to play sports each year. High school girls who participate in sports are less likely to drop out of school, smoke, drink, or become pregnant. Additionally, 94% of women in executive-level positions are former athletes, and 80% of female Fortune 500 executives played competitive sports.

The Biden Administration has undone over 50 years of progress and equality of opportunity by radically redefining biological sex as “gender identity.” This is a step backward for women’s rights, jeopardizes student safety and privacy, and destroys fairness in women’s sports.

The changes, which took effect on August 1, 2024, will essentially eradicate women’s sports in education and eliminate scholarship opportunities for female athletes. These changes apply to any school or college that accepts even one penny of federal funding.

With over 1,500 pages of regulations, the U.S. Department of Education has redefined the fundamental framework of Title IX without congressional authorization, expanding the definition of “sex” to include not just biological sex but also sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity. The new Title IX regulations are unconstitutional, erase women and girls, eliminate due process, compel speech, and strip parents of their fundamental right to direct their child’s upbringing, including decisions about education, medical care, morality, and religion. Title IX now requires that:

  • Schools treat students who suffer, or claim to suffer, from gender dysphoria as though they were the opposite sex.
  • Male students who identify as female must be allowed access to female-designated facilities such as bathrooms or locker rooms and must be permitted to participate in women’s sports and organizations.
  • Teachers and students must refer to a gender dysphoric child by their preferred pronouns and alternative name.
  • No formal documentation is required to affirm gender identity.

Additionally, the administration has not provided a clear definition of gender identity, which means a male student could easily switch between identifying as male or female.

Other repercussions of Title IX include:

  • When a female student opposes having a male on a team or in an organization intended only for women, or feels uncomfortable sharing a locker room with a male, the female in opposition may now not only incur social stigma but also the possibility of legal repercussions for her school, team, or organization.
  • While Title IX does not strictly require transitioning to be kept secret from parents, in the event of a conflict between Title IX and the Family Education Rights and Privacy Act (FERPA), key terms like “sex-based harassment” and “hostile environment sex-based harassment” override FERPA, opening the door to concealing the transitioning process.
  • The federal government may argue that the newly proposed Title IX regulations will supersede all state laws safeguarding parental rights, particularly concerning gender identity and sexual orientation in public education.

Twenty-six states have filed lawsuits in federal court to prevent these changes from taking effect, and all 26 have been awarded preliminary injunctions. These states include Texas, Louisiana, Tennessee, Alabama, Georgia, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, West Virginia, Utah, Iowa, Wyoming, Florida, Virginia, and North Dakota.

In addition, three organizations—Moms for Liberty, Young America’s Foundation, and Female Athletes United—have also been awarded injunctions, meaning the Title IX changes may not be enforced in schools attended by children of members of these organizations.

Now, we wait as this case works its way through the legal system and the courts. It’s imperative that we spread awareness and speak out to defend parental rights, due process, free speech, and federalism. Parents must be more diligent than ever when it comes to their school district’s policies and their children’s education, including curriculum, assignments, and teachers.

It’s crucial that we get out and vote this November. These radical policies will only continue to expand under Democratic leadership. It’s time to let the Biden/Harris administration know that parents have a fundamental right to direct the upbringing of their children as they see fit. Parental rights do not stop at the classroom door, and we do not co-parent with the government. We will stop at nothing to protect our children, and we will fight fiercely to safeguard their education and future because our children are watching, and we were called to this mission—for such a time as this. They made a grave mistake when they came for our kids, and we will not let it happen—not on our watch.

No child is born in the wrong body. Boys and girls are perfect just as they are. Gender ideology has no place in public schools.

Your parental rights do not stop at the classroom door.

Lindsey Beckham
Lindsey Beckham
Lindsey Beckham is head of Moms for Liberty in Mississippi and Chapter Chair for Madison County. She is a mom of 5 who is dedicated to fighting for the survival of America by unifying, educating, and empowering parents to defend their parental rights at all levels of government.

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