The Independent Women’s Law Center, joined by Women’s Declaration International USA and Concerned Women for America, filed an amicus brief Tuesday in the Sixth Circuit Court to challenge the Biden-Harris administration’s proposed changes to Title IX in Tennessee, Indiana, Ohio, West Virginia, Kentucky, and Virginia.
The brief argues that the administration’s regulation would harm opportunities and privacy for girls, forcing them to share locker rooms and showers with males. The filing highlights the experience of Paula Scanlan, an Independent Women’s Forum ambassador and former University of Pennsylvania swimmer, who was required to change in the locker room with Lia Thomas, a transgender swimmer, 18 times per week.
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The Independent Women’s Law Center (IWLC) contends that the administration’s push to provide locker-room access based on gender identity disregards biological differences and violates Title IX’s long-standing commitment to recognizing the unique aspects of each sex.
The IWLC also raises concerns that the Biden-Harris rule would undermine women’s sports by creating uncertainty for schools about their obligations under the law. Schools may feel pressured to allow males to compete in women’s sports to avoid legal challenges.
“The Department wishes to mandate gender identity-based access to women’s spaces in federally funded education programs, but it lacks the statutory authority to do so,” the brief asserts. “Congress has not passed laws requiring young girls to undress with boys or allowing individuals who have undergone male puberty to dominate women’s sports records.”
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May Mailman, director of the IWLC, criticized the administration’s efforts, stating, “The Biden-Harris administration wants to erase the reality of male and female using Title IX, a law meant to ensure equal opportunities for women. We will stand up for women and against this overreach of administrative power.”
Elizabeth Chesak, president of Women’s Declaration International USA, added, “‘Gender identity’ has no material basis, yet the Biden administration insists on upholding it. Sports are about physical bodies, not gender identities. We stand united with women’s groups across the political spectrum to preserve the original intent of Title IX.”
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Penny Nance, CEO and president of Concerned Women for America, emphasized, “The fact that we must fight to preserve the fundamental meaning of sex under Title IX reveals the radical agenda of the Biden-Harris administration. Female students and athletes have thrived under Title IX’s protection, and we are determined to ensure those rights are upheld. We are confident the truth will prevail in court.”
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