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TPUSA Live

As the DOE Seeks to Change Title IX, Education Secretary Refuses to Define the Word ‘Woman’

Secretary of Education Miguel Cardona appeared before the House Appropriations Committee and became yet another politician who refuses to answer the simple question, “What is a woman?”

A heated exchange between Secretary Cardona and Congressman Andrew Clyde of Georgia went viral on Twitter yesterday as the Congressman repeatedly asked for the definition of a woman. Clyde asked the Secretary, “So what’s the definition of a woman?” Secretary Cardona refused to answer this question several times and stated, “I think that’s almost secondary to the important role that I have as Secretary of Education.” 

Many on the left react to the popular “What is a woman” question frequently asked by conservatives with groans and eye-rolls. A similar exchange happened during Supreme Court Justice Ketanji Brown Jackson was asked to define woman and she responded that she can’t because she’s “not a biologist.”

The left argues that asking “What is a woman” is a “gotcha” question and is irrelevant to the situation at hand. But this is far from the truth. The reason Secretary Cardona was repeatedly asked this question is that the Department of Education has proposed changes to Title IX that would force schools to allow transgender athletes to compete against the gender they identify with, rather than their biological sex.

Title IX of the Education Amendments of 1972 is a law that protects any individual from being discriminated against on account of sex in any educational program. It states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The implementation of Title IX led to a significant increase in female student-athletes across the country. But now, under Secretary Cardona’s leadership, the Department of Education is actively attempting to revise Title IX. The Department of Education is proposing a new rule that would deny any high school or college that receives federal funding the ability to ban transgender athletes from competing in the category that matches their gender identity:

“The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.

The proposed regulation would clarify Title IX’s application to such sex-related criteria and the obligation of schools and other recipients of Federal financial assistance from the Department (referred to below as “recipients” or “schools”) that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate.”

Department of Education’s Title IX Proposal

In response to Congressman Clyde’s questioning, Secretary Cardona emphasized that Title IX is important because it gives students equal access — but omitted any comment on whether or not it is fair for female athletes. Title IX also requires institutions to prevent sexual harassment or violence, however, “inclusive” changes would create a glaring contradiction. As defined by Title IX, sexual harassment includes “unwelcomed verbal, visual, or physical sexual conduct.” Under this definition, a biological male who merely “identifies” as a woman, undressing in a women’s locker room, in plain view, should be categorized as harassment.

Women have been and will be put in harm’s way if men are unquestionably allowed to enter into sex-segregated spaces.

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