Published February 29, 2024
On Thursday, February 29, 2024, EPPC scholars Rachel N. Morrison and Eric Kniffin met with government officials in the Executive Office of the President (EOP) to oppose the Department of Education’s Title IX rule, which is expected to be finalized soon.
As the scholars explained,
The rule radically rewrites Title IX of the Education Amendments of 1972, landmark federal civil rights law that prohibits sex discrimination in education. As proposed, the rule is arbitrary and capricious, exceeds statutory authority, and is unlawful and unconstitutional…. The rule contradicts long-standing scientific understandings of the human person and places ideology ahead of sound policy. It turns the clock back on girls’ and women’s rights, tramples parental rights, harms children’s interests, and ignores religious freedom and free speech of students, employees, and religious educational institutions.
Among several points they raised, the scholars argued that it is arbitrary and capricious for ED (i) not to address the impact of its Title IX rule on other sex discrimination laws, including under Section 1557 of the Affordable Care Act and in the healthcare context; and (ii) to pretend that its rule does not apply to athletics and require participation in sports based on gender identity, which would undermine Title IX’s purpose and imposes significant costs on female athletes.
A written version of their comments, submitted to EOP’s Office of Information and Regulatory Affairs, is available here (PDF).
Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s HHS Accountability Project. An attorney, her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.
