FAIR News: Title IX's Shift and What It Means for Women's Sex-Based Rights
Newsletter
Dear Friends of FAIR,
On April 19, 2024, the U.S. Department of Education released its final regulations under Title IX, which will take effect on August 1, 2024. These extensive revisions are likely to significantly affect students across K-12 and higher education, particularly in public and federally-funded private institutions.
You may recall that FAIR previously filed public comments on two proposed Title IX rules: one governs sex-based discrimination in educational programs in general; and the other governs sex-based discrimination in the context of sports. You can read those public comments here and here. In order to provide a timely update to our community, we have drafted an info sheet on the Final Rule, which includes our brief explanation of the history of Title IX, as well as the portions of the Final Rule that we feel will be of the greatest interest to our members.
Originally designed to combat sex-based discrimination, Title IX's new scope now includes protections against discrimination based on gender identity. This shift away from the Act's original framework raises significant concerns about the implications for sex-segregated spaces and activities, potentially requiring schools to allow access based on gender identity rather than biological sex.
Key changes include possible compelled speech regarding preferred gender pronouns, integration of sex-specific facilities, and significantly less robust due process protections for students accused of discrimination. These issues touch on deep legal and ethical questions, particularly regarding safeguarding women’s rights and protecting freedom of speech.
We will explore these topics further in a webinar on April 30 from 6-7pm ET with experts in law, education, and civil rights. We encourage you to participate and bring your insights as we discuss the comprehensive impact of these new rules. You can register for this free virtual event here.
In light of the new Title IX regulations, FAIR is exploring a host of legal advocacy projects aimed at upholding the constitutional rights of all students, and we need your help! If you or someone you know is concerned about the changes to Title IX, and meet any of the following criteria, we want you to reach out to us:
Females involved in high school or collegiate sports who have been required to compete with or against a male;
Any student who has been forced to share a bathroom or locker room with a student of the opposite sex at a public or federally-funded school;
Any student who has sincerely-held beliefs that prevent him/her from announcing their “chosen” or “preferred” pronouns;
Any student who has been accused of misgendering or “dead-naming” another student at a public or federally-funded school;
If you or your child(ren) meet any of the above criteria, please email our Director of Legal Advocacy, Leigh Ann O’Neill, at leigh-ann.oneill@fairforall.org.
Your engagement is vital as we address these critical changes and continue our advocacy for lawful educational practices.
Warmly,
The Team at the Foundation Against Intolerance & Racism
We are thrilled to announce Nikki Johnson, MD as the Interim Director of FAIR in Medicine. A mother of two who has been married for 24 years, Dr. Johnson brings a wealth of experience as a retired clinician and a passionate advocate for medical integrity. Known for her principled stance against established healthcare policies during the COVID-19 pandemic, she has collaborated with organizations such as Free2Care, Physicians for Patients, Urgency of Normal, and Restore Childhood to champion patient-centered care with an emphasis on support for families. Dr. Johnson helped to establish Parents for Accountability In Cleveland Independent Schools (PACIS) , a non-partisan group of Cleveland-area parents and engaged citizens committed to addressing biased, exclusive, and harmful patterns of indoctrination and expressive individualism in local schools. On Tuesday April 30, PACIS will host a conversation with Dr. Stephen B. Levine to discuss how parents can cope with their childrens’ exposure to issues of gender and sexuality in schools.
Dr. Johnson's leadership extends beyond the clinic, having served as a medical director and advisor in several nonprofit organizations. She will continue FAIR in Medicine’s mission to advocate for the ethical practice of medicine by fostering educational partnerships across the medical community and driving policy change through meticulous research and legislative engagement. She also plans to expand these efforts through outreach to medical student organizations and chapters of larger medical organizations. To learn more about Dr. Johnson's advocacy, please visit her website below.
Teaching About Identity Series
The second installment in FAIR in Education’s Teaching About Identity series, this project explores twentieth century contexts in which teachers made grave mistakes in teaching about identity—mistakes that at the time seemed scientific, unifying, correct, and culturally necessary—but ultimately laid the foundation for inter-group hatred.
Can a historical understanding of other countries’ experiences with teaching about identity help us recognize patterns and avoid mistakes? Drawing on primary source materials, we have curated a series of quotations and images meant to convey the flavor and feeling of K-12 identity education during the Chinese Cultural Revolution.
The New Title IX Rules: What is included, and how will they impact students’ rights?
Join FAIR Legal on April 30th at 6pm ET for a conversation about the new Title IX rules! Moderated by FAIR Executive Director Monica Harris, our esteemed panelists will discuss the new rule and its implications for future students.
THE UNREDACTED: Live Screening + Q&A with Meg Smaker
DATE: Thursday, May 2nd, 2024
TIME: 7:00 PM - Screening (Doors 6:15 PM) | 9:00 PM - Q&A
LOCATION: 185 E Broadway, New York, NY 10002 (lower level)
TICKETS: $25 General Admission
SYNOPSIS: A group of men trained by al-Qaeda are transferred from Guantanamo to the world’s first rehabilitation center for “terrorists” located in Saudi Arabia. Filmed over three years, with unprecedented access, this film is a complex and nuanced exploration of the men we have heard so much about but never heard from. Watch the trailer here.
Cash bar available. No food or beverage minimum.
This event is produced by the NYC Chapter of FAIR. For inquiries, please contact arts@fairforall.org.
Dissident Dialogues
Join Dissident Dialogues (in partnership with UnHerd and sponsored by Ground News) in New York City on May 3rd & 4th! The world’s leading and most original thinkers gather for two days of debate, discussion, and disagreement. Discussions will feature FAIR advisors Michael Shellenbeger and Lee Fang, as well as Richard Dawkins, Ayaan Hirsi Ali, John McWhorter, Steven Pinker, Konstantin Kisin, Francis Foster, John Vervaeke, Thomas Chatterton Williams, Kathleen Stock, Freddie Sayers, Bridget Phetasy, Diana S. Fleischman, Africa Brooke, Alex O'Connor, and Mary Harrington!
How We Make Teaching Too Hard for Mere Mortals
Join FAIR in Education on Wednesday, May 15th from 6-7pm EST for a conversation with Robert Pondiscio, Senior Fellow at American Enterprise Institute, to discuss the question: What is the missing key to better educational outcomes and better lives for teachers?
FAIR News Podcast
For audio versions of our FAIR News and FAIR Weekly Roundup newsletters, subscribe and listen to FAIR News Weekly on Apple Podcasts, Spotify, Google Podcasts, or via RSS feed.
FAIR Educators Alliance & Other Networks
Connect with other pro-human educators through the FAIR Educators Alliance. We bring together educators from all levels to share experiences and work on developing resources that can support teachers, community members, and FAIR chapters.
Teachers, administrators, librarians, and educators of all kinds are welcome. For more information and to join any of these networks, please email educators@fairforall.org.
Join the FAIR Community
Join us, and become a member of FAIR.
Become a FAIR volunteer, or join a FAIR chapter.
Sign-up for a Welcome to FAIR Zoom information session to learn more about our mission.
Share your reviews and incident reports on our FAIR Transparency website.
Those new Title IX regs will never see the light of regulatory day. They are going down, going down now, as the poet Robert Plant said.
Lawsuit, preliminary injunction, SCOTUS, and as that other great poet Paula White said:
https://youtu.be/Vc7VLu305wI?si=UbKKpm25v7MtljQG&t=31
The humane and logical solution presents itself to anyone of good faith trying to solve this:
Everyone gets to compete. Not everyone gets to compete against girls.
1) (XX-chromosome) women's division and
2) Open division for anyone with XY chromosomes and anyone else that wants to compete with them, no questions asked. This preserves privacy, dignity, and competition. No need to measure testosterone or get private parts examined. Also, it reveals if people actually want to compete or if they are just here to beat up on girls having somehow discovered a nominally progressive way to do so.
This opens the prospects for some women such as Mikaela Shiffrin or Courtney Dauwalter winning both. Bring it. The boys better ski/run faster if they want to stay ahead.