Title IX

Trump’s stand for science: Title IX rights restored to women

Trump's stand for science: Title IX rights restored to women Title-IX-graphic-O-300x218Last week US President Donald Trump reversed one of the most egregious acts of anti-science perpetrated by the catastrophic Obama administration. The shock-waves are still reverberating. He rolled back the infamous ‘guidance’ to US Title IX, issued last year, which attempted to force Federally-funded programmes to remove protections for women based on their sex.

Reuters

Trump's stand for science: Title IX rights restored to women Title-IX-graphic-O-300x218
‘Title IX’ text: note, no mention of ‘gender’.

‘Title IX’ is a rule that was introduced in the 1970s to prevent discrimination against women in education on the grounds of sex, and their protection from sexual harassment, in any establishment in receipt of Federal funding. One of the areas covered was the use of bathrooms, locker rooms and other safe spaces where women are protected. These must be provided and access was to be determined by physical sex. Title IX was a major breakthrough in protecting the rights of women and was rightly lauded.

No problem, till Obama

So far so good and for nearly fifty years, there was no problem. But then Obama, a notoriously weak man, altered the rule so that physical sex was to be replaced by ‘self-identified gender’.

Now any idiot who ever took a school biology class knows that biological sex is real. It is not a construct and it is not determined by the individual. Rather, it defines the individual in terms of reproductive capacities: people conceived with XX chromosomes have, except for a tiny number of intersex conditions, vaginas, wombs and ovaries. They can, therefore, give birth. Those who are XY are, subject to the same caveats, born with penises and testes. They cannot bear children. The first group we call females and the latter males. This is basic.

However, the hostility towards objective reality of the Left is such that the basic principles of a hard science like Biology must be sacrificed in the name of Political Correctness. For the Left, biological sex is not a fact, it is constructed. To call this idiocy would be redundant were it not for the fact that there are people who actually believe it.

Perverting the Law by Presidential fiat

Obama’s attempt to pervert the law — one of many — had the effect of allowing males to use female toilets, dressing rooms and other sex-segregated spaces simply by claiming to ‘identify’ as a woman, and vice versa. At a stroke, statutes put in place to protect women from unwanted male sexual advances were destroyed at the whim of the worst President in recent US history, by the device of a ‘note of guidance’. This replaced the simple, sex-based protections and replaced them with the nebulous alternative of ‘gender identity’ (which has never been objectively shown to exist.)

Obama’s guidance, of May 2016, states that ‘gender identity’ refers to ‘an individual’s internal sense of gender’. In other words, it is not quantifiable or objectively measurable. It confirms this later, specifying that ‘there is no medical diagnosis or treatment requirement that students must meet (to qualify as a particular gender.)’

Not only does the guidance attempt to deny the scientific existence of biological sex, it seeks to replace it with a touchy-feely notion of ‘gender is anything an individual says it is’. This is clearly nonsense, but the best is yet to come. The guidance informs that ‘a student’s gender identity (is) the student’s sex for purposes of Title IX and its implementing regulations.’ In other words, either you accept that a man in a suit can say he is a woman, and so may use female-only spaces, or lose Federal funding.

This obvious nonsense has already been challenged and in fact, a nationwide injunction on it has been in place since last August. Trump has nipped any further litigation in the bud by removing the offending rule-change. Biological sex means what it does in the text-books. It is not a ‘construct’. It is not something people can invent after the fact. You can claim to be any one of as many invented, non-existent ‘genders’ as you like, but if you were born with a vagina, you’re female and if you were born with a penis you’re male. Gender is not what you ‘self-identify’ as, it is what you can be identified as. It is how others see you, not how you see yourself. And that is right and proper.

The debate is over, common sense and the rule of science have been upheld.

This decision, while clearly right, will have unfortunate consequences. I have long been a supporter of the small number of genuine transsexuals in society. For decades, these individuals have been using female toilets and other facilities, because nobody ever knew they were born male. Now they are in danger. This is entirely thanks to the antics of ‘transgenderists’. These are men with a masturbatory fetish for wearing women’s clothing or lesbians who seek to adopt masculine social roles.

Thanks to these idiots, true transsexuals are now at risk. This is awful and I sympathise.

But consider the sheer hypocrisy and disingenuousness of the ‘liberal’ Left, and particularly the Democratic Party in this. On one hand they accuse Trump’s administration of being ‘anti-science’ yet they themselves hide behind a piece of blatant Political Correctness that denies the most fundamental, basic science — that in humans, there are two sexes, defined by chromosomes.

A machine of deception and lies

The machine of deception and lies that the Left has become is nowhere more clearly seen than this. How dare they accuse others of being ‘anti-science’ for questioning science that is complex and nuanced, asking for proper explanations, when they themselves flatly deny one of the most fundamental rules of the Natural Sciences, one that all schoolchildren should have learned by the age of 13? One that any child who has ever had a dog who had puppies or a cat who had kittens, knows absolutely full well?

It is clear that Climate Change is happening, but when you deny basic biological science yourself, you rule yourself ineligible to criticise those who question this. As ever, the Left has allowed Political Correctness to destroy its position.

Obama was a weak, malleable man who, when he knew he could not win the debate, used chicanery and Presidential privilege to promote the agenda of science-denying, Politically Correct idiots. Trump is rolling that back and it can only be a good thing.

I am deeply sorry for my transsexual friends, who will be more afraid now than they were. But they need to ask themselves, why do they support transgenderists, who are sexual fetishists and predators? Why ally yourselves with these people? Why not throw them under the bus as quickly as they’d throw you?

Erasing and Colonising

For years, transgenderists have been erasing and colonising transsexual identities to feed their delusional fantasies and gain social traction. Now their ridiculous anti-science has backfired. Are you going to be amongst the casualties? Or are you going to stand up against them, condemn their stupid notions of ’47 genders’, that biological sex ‘is a construct’ or that it’s all right for men in dresses to shame lesbians into sex under the threat of being called ‘transphobic’ if they refuse? How is that anything other than male coercion of females? How is it anything other than rape by another name?

Blaire White and a few other courageous transsexuals have started the fightback but the rest of you have much to do, to reclaim the ground from sexual fetishists, male predators and neck-bearded lesbians with inferiority complexes.

Trump’s momentous and just decision is an opportunity. Run with it.

The full text of Trump’s letter is below:

U.S. Department of Justice
Civil Rights Division
Dear Colleague:
U.S. Department of Education
Office for Civil Rights
February 22, 2017
The purpose of this guidance is to inform you that the Department of Justice and the Department of Education are withdrawing the statements of policy and guidance reflected in:

Letter to Emily Prince from James A. Ferg-Cadima, Acting Deputy Assistant Secretary for Policy, Office for Civil Rights at the Department of Education dated January 7, 2015; and

Dear Colleague Letter on Transgender Students jointly issued by the Civil Rights Division of the Department of Justice and the Department of Education dated May 13, 2016.

These guidance documents take the position that the prohibitions on discrimination “on the basis of sex” in Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et seq., and its implementing regulations, see, e.g., 34 C.F.R. § 106.33, require access to sex-segregated facilities based on gender identity. These guidance documents do not, however, contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.

This interpretation has given rise to significant litigation regarding school restrooms and locker rooms. The U.S. Court of Appeals for the Fourth Circuit concluded that the term “sex” in the regulations is ambiguous and deferred to what the court characterized as the “novel” interpretation advanced in the guidance. By contrast, a federal district court in Texas held that the term “sex” unambiguously refers to biological sex and that, in any event, the guidance was “legislative and substantive” and thus formal rulemaking should have occurred prior to the adoption of any such policy. In August of 2016, the Texas court preliminarily enjoined enforcement of the interpretation, and that nationwide injunction has not been overturned.

In addition, the Departments believe that, in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy.

In these circumstances, the Department of Education and the Department of Justice have decided to withdraw and rescind the above-referenced guidance documents in order to further and more completely consider the legal issues involved. The Departments thus will not rely on the views expressed within them.

Please note that this withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment. All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment. The Department of Education Office for Civil Rights will continue its duty under law to hear all claims of discrimination and will explore every appropriate opportunity to protect all students and to encourage civility in our classrooms. The Department of Education and the Department of Justice are committed to the application of Title IX and other federal laws to ensure such protection.

This guidance does not add requirements to applicable law. If you have questions or are interested in commenting on this letter, please contact the Department of Education at ocr@ed.gov or 800-421-3481 (TDD: 800-877-8339); or the Department of Justice at education@usdoj.gov or 877-292-3804 (TTY: 800- 514-0383).

Sincerely,

/s/ Sandra Battle
Acting Assistant Secretary for Civil Rights U.S. Department of Education
/s/
T.E. Wheeler, II
Acting Assistant Attorney General for Civil Rights U.S. Department of Justice

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