The Sconi

The Wisconsin Institute for Law & Liberty (WILL) said the Biden Administration's changes to Title IX— protections against gender-based discrimination, harassment and violence in federally funded schools— threatens the rights and dignity of students, especially women and girls, across the country.

WILL joins the growing upheaval in response to the Department of Education's April 19 announcement that Title IX rules have expanded to include protections against discrimination based on sexual orientation and gender identity. The new rules will go into effect in August. 

“One of the most significant concerns with the new regulations is that government bureaucrats have unilaterally changed the definition of sex to include gender identity,” Cory Brewer, Associate Counsel at WILL, told The Sconi. 

“The federal government seems to have taken the position that it is,” she said. “It will be impermissible under Title IX to disallow boys from playing on girls teams even without these separate athletics regulations, which, by the way, are certainly not popular politically and with an election coming up.” 

“The Title IX law that was passed by Congress has not changed, but unelected government officials have decided to make this change, which we believe is unlawful. And as a result, boys who say they identify as girls will be allowed to use girls bathrooms, girls locker room, play on girls sports teams and be eligible for girls awards and opportunities. So this applies to higher education and also K through 12. So this is what the Biden administration apparently wants for children as young as five years old.” 

Texas Governor Greg Abbott said that his state will not adhere to the new rules, and Attorney General Ken Paxton took it one step further by filing a federal lawsuit against the Biden Administration. Several more states have since followed suit. 

“WILL is willing to get involved in litigation, to defend the rights, really, of all students, but especially women and girls under these new regulations and, of course, to defend the rule of law,” Brewer said. “So I would say if anyone has a child or grandchild that experiences harm because of the new regulations to reach out and we stand ready to help.” 

In a press release, WILL underscored that school boards facing pressure from advocacy groups and the Office of Civil Rights within the Department of Education should be aware that the new rules set to take effect on August 1 will likely face significant legal challenges.

“In an attempt to avoid a clear political vulnerability, the Biden Administration has further delayed its Title IX regulation related to boys being allowed to compete in girls’ sports. Legal battles will continue as girls across America are forced to compete with and against boys,” WILL said in a statement. 

On X, Brewer asserted that the new regulations misalign with the original intent of Title IX.

“Title IX was meant to protect the rights, safety, and well-being of women and girls in educational activities,” Brewer posted on X.  “But these new regulations from the Biden Administration turn the intent of the law on its head.”

The proposed Title IX rule changes have been condemned by others. 

“The Department of Education has placed Title IX, and the decades of advancement and protections for women and girls that it has yielded, squarely on the chopping block,” Congresswoman Virginia Foxx (R-NC) said in a statement. 

“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender. The rule also undermines existing due process rights, placing students and institutions in legal jeopardy and again undermining the protections Title IX is intended to provide. Evidently, the acceptance of biological reality, and the faithful implementation of the law, are just pills too big for the Department to swallow – and it shows.”

In June 2023 WILL filed a Title IX complaint on behalf of Wisconsin parents, citing a troubling incident where an 18-year-old biologically male student, identifying as female, showered nude next to the girls. 

“When an 18 year old male student who identified as trans showered fully undressed next to four freshman girls in the girls locker room. That is sexual harassment. And our concern is that this is unfortunately going to happen across the country with these new regulations, since they changed the definition of sex to include gender identity and open up girls' spaces like locker rooms and bathrooms, to boys,” Brewer said. 

Following WILL’s efforts the federal government initiated an investigation into a Wisconsin school district after the complaints. 

The complaint accused Sun Prairie Area School District (SPASD) of failing to protect students and implement policies regarding gender identity and facilities usage. 

“What happened in Sun Prairie was unwelcome conduct on the basis of sex,”  Brewer said.