Source: United States Attorneys General
Today marks more than five decades since the passage of Title IX, the landmark federal civil rights law that bars sex-based discrimination in education.
Only 37 words long, Title IX has advanced equal opportunity in admissions, financial aid, athletics, and more in educational settings across the United States. At its core, the law operates as a contract between the federal government and educational institutions. It conditions the acceptance of federal funding to schools on the agreement to comply with not discriminating on the basis of sex in their programs and activities.
Equality under Title IX was also built on the understanding that physical differences between men and women matter, particularly in athletics and private spaces. Whether in the locker room, on the playing field, or in college dorms, women and girls fought for the right to fair educational and athletic opportunities.
Protecting fairness today means meeting one of the most pressing challenges that Title IX faces: the inclusion of males in women’s single-sex spaces and activities.
“The recent cultural movement to erase biological distinctions has metastasized into misguided policies across our country,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division, “This Division will continue to stand firmly in defense of the immutable biological reality of sex in preserving the fairness, safety, privacy, and speech of all Americans.”
The Civil Rights Division is committed to continuing the legacy and original intent of Title IX, and we will not back down.
Earlier this month, we warned California Public School Districts that they may be violating the Equal Protection Clause of the U.S. Constitution for allowing males to compete against females in high school sports. The state of California has pre-emptively sued the Department of Justice over this warning, and we are now in active litigation. We also opened an inquiry into concerns raised to us about similar issues in the state of Oregon.
In another case, we opened an investigation into a Virginia school, arising from three male students who raised concerns — partially based on faith — about a girl in their locker room. The boys were then subjected to Title IX investigations, which may have been potentially retaliatory.
The Department of Justice celebrates the protections afforded by Title IX today, and the Civil Rights Division will continue to uphold its responsibility by enforcing the equality and justice it has provided to generations of Americans.