Should Congress nullify a Title IX rule issued by the Department of Education?

Civil Rights Education Government Operations (e.g., Election Laws)
Relating to "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance" (H.J. Res 165)
This bill has Passed the House of Representatives
Bill Summary

This resolution, H.J. Res 165, is a joint resolution introduced in U.S. Congress that aims to disapprove and nullify a rule issued by the Department of Education. The issued rule focuses on redefining the term “sex-based discrimination” to include sexual harassment, parental status, or gender identity as it relates to Title IX education regulations for educational programs receiving federal funding. By introducing this resolution, supporters seek to overturn this nondiscrimination rule as they believe it oversteps or imposes undue burdens. However, opponents believe this rule being overturned can undermine protections against sex discrimination in education. Sponsor: Rep. Mary Miller (Republican, Illinois, District 15)
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Opponents say

•    "For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation's schools free from sex discrimination. These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights." Source: U.S. Secretary of Education Miguel Cardona


•    "This is a huge step forward for students, survivors, and everyone who understands the paramount importance of making sure schools are free from all forms of sex-based discrimination and harassment. After Donald Trump and Betsy DeVos took an axe to the Title IX rule and went out of their way to gut enforcement of protections for survivors of sexual assault, the Biden administration’s rule will restore and strengthen essential protections for survivors and make sure schools don’t get away with silencing students and sweeping sexual assault under the rug. At a time when we’re seeing an alarming rise in violence against transgender people, this rule explicitly clarifies that Title IX protects LGBTQ+ students and employees from unfair treatment and discrimination." Source: Sen. Patty Murray (Democrat, Washington)


•    "Today’s rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: going to dances, safely using the restroom, and writing stories that tell the truth about their own lives. School administrators should take note and immediately act to implement anti-bias and anti-bullying and harassment programs that ensure misgendering stops, that cruelty against LGBTQ+ students ends and that every student has access to an education free of discrimination. This updated rule is a reminder of what Title IX has been designed to accomplish for more than fifty years: ensure students are safe from abuse, harassment, and discrimination while they pursue their education." Source: Human Rights Campaign President Kelley Robinson

Proponents say

•    "The Biden administration redefines “sex” to fit its own absurd political ideology—not science—and imposes it on women, girls, and children…The Biden administration’s rewriting of Title IX discrimination on the basis of “sex” to include discrimination on the basis of “gender identity” is a plainly ridiculous change that will lead to males unfairly competing in women’s sports; receiving access to women’s and girls’ locker rooms, bathrooms, and private spaces; and competing for women’s scholarships." Source: Gov. Sarah Huckabee Sanders (Republican, Arkansas)


•    "President Biden’s Title IX regulation stretches the law way beyond reason, ignores basic biological facts, and infringes on the rights of parents and teachers.  It is a backward rule that only hurts women and girls, by stripping away opportunities and rights they have enjoyed for decades. We must save Title IX by stopping this radical rule." Source: Sen. Cindy Hyde-Smith (Republican, Mississippi)


•    "Joe Biden is undermining years of progress women have made in securing their rights under Title IX. For more than half a century, Title IX has protected women and girls, ensuring they have equal opportunities in education. However, the Biden Administration is putting our girls at risk by allowing men to access women and girls' bathrooms and locker rooms. This divergence is a blatant violation of the protections Title IX was meant to guarantee, and it undermines the very foundation of women's rights and security in their private spaces." Source: Rep. Mary Miller (Republican, Illinois, District 15)

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