Trump Restores Sanity To USA: DOJ Says Making Girls Compete Against Biological Males Violates Title IX

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The Trump administration is slowly returning sanity to this great country that somehow lost its way.

We lost our common sense in a desperate attempt to be politically correct and in that way we stood by and did nothing while men claimed transgender status and started dominating women’s sports.

Considering most athletes never play their sport past high school or college this attempt to please everyone really hurt young women and robbed them of some special moments.

So some girls in Connecticut sued and Trump’s DOJ just issued a statement backing the girls and saying, in fact, the state was violating Title IX by making the girls compete against biological males.

The DOJ statement says:

“The United States files this Statement of Interest under 28 U.S.C. § 517, which authorizes the Department of Justice “to attend to the interests of the United States in a suit pending in a court of the United States.”

The United States enforces Title IX of the Education Amendments of 1972, 20 U.S.C. §1681,and has a significant interest in the proper interpretation of Title IX.

The United States also enforces several other federal anti-discrimination statutes that, like Title IX, prohibit sex discrimination, e.g.Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e to 2000e-17, and the United States has a significant interest in the proper interpretation of these laws.

The United States also has a significant interest in ensuring that Federal funds are not used to discriminate on the basis of sex and other protected classes.

See20 U.S.C. § 1682. introduction Title IX requires that “[n]operson in the United States shall, on the basis of sex, . . . be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §1681(a); accord34 C.F.R. §106.41(a).

Title IX’s prohibition against sex discrimination extends to athletics operated or sponsored by recipients of federal money.  34 C.F.R. §106.41.  As a result, covered institutions must “provide equal athletic opportunity for members of both sexes.”  Id.§106.41(c).

The Connecticut Interscholastic Athletic Conference(CIAC), however, has adopted a policy that requires biological males to compete against biological females—despite the real physiological differences between the sexes—if the male is a transgender individual who publicly identifies with the female gender.

CIAC claims that “federal law” requires this state of affairs. CIAC 2019-2020 Handbook (CIAC Handbook), at 55, http://www.casciac.org/pdfs/ciachandbook_1920.pdf; see also Defs.’ Initial Summ. Issues at 7, ECF No. 63.

So do the proposed student-intervenors. See Mot.to Intervene at 11, ECF No. 36.

They are incorrect.  Title IX and its implementing regulations prohibit discrimination solely “on the basis of sex,” not on the basis of transgender status, and therefore neither require nor authorize CIAC’s transgender policy.

To the contrary, CIAC’s construction of Title IX as requiring the participation of students on athletic teams that reflect their gender identity would turn the statute on its head.

One of Title IX’s corepurposes is to ensure that women have an “equal athletic opportunity”to participate in school athletic programs.  34 C.F.R. §106.41(c); see also Cohen v. Brown Univ., 991 F.2d 888, 897 (1st Cir. 1993) (“Equal opportunity to participate lies at the core of Title IX’s purpose.”).

Schools realize that purpose primarily by establishing separate athletic teams for men and women and by ensuring that those teams are on equal footing.  See34 C.F.R.§106.41(b)-(c).Because of the physiological differences between men and women, the existence of women’s sports teams permits women to participate more fully in athletics than they otherwise could. Under CIAC’s interpretation of Title IX, however, schools may not account for the real physiologicaldifferences between men and women.

Instead, schools must have certain biological males—namely, those who publicly identify as female—compete against biological females.

In so doing, CIAC deprives those women of the single-sex athletic competitionsthat are one of the marqueeaccomplishments of Title IX. The United States therefore submits this Statement of Interest to aid the Court in the proper application of Title IX in this case.

TITLE IX DOES NOT MANDATECIAC’S TRANSGENDER POLICY

TitleIX does not require that recipients assignstudents to participate in sex-specific athletic teams that reflect their gender identity.

CIAC’spolicy and its briefing to this Court construing Title IX conflict with the statute text, history, purpose, and implementing regulations.”

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