When Congress passed the Fifteenth Amendment on February 26, 1869, proposing to give the right to vote to Black men but not white women, some of the leaders of the women’s rights movement of the time were volcanic in their anger.
Three months later, the National Woman Suffrage Association was founded. Twenty-one years after that, the NWSA merged with the American Woman Suffrage Association. It was yet another 30 years before the Nineteenth Amendment gave women the right to vote.
So there’s a history behind the rage over boys and men winning titles in girls’ and women’s sports.
In 1972, Title IX was signed into law. It stated that “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.”
What that means in practice for school sports has been the subject of litigation and court interpretation through the years. It’s the view of the Trump administration that allowing biological males to compete in the same category with biological females violates Title IX.
After an investigation into California’s legal protection of biological males who identify as female competing in the same category with biological females, the federal government informed California that it is in violation of federal law.
But California is openly defying federal authority on this issue, as it is on many others. At this point, we might as well build a bullet train between Sacramento and the U.S. Supreme Court. It will be a busier route than Merced to Bakersfield.
The U.S. Department of Education’s Office for Civil Rights announced on June 25 that it had concluded its Title IX investigations into the California Department of Education and the California Interscholastic Federation for “allegations of discrimination against women and girls on the basis of sex.” In both cases, the OCR concluded, “CDE and CIF are in clear violation of Title IX.”
Specifically, California has failed to protect female athletes “from the unfair competition, unsafe situations, and the indignities involved when male athletes compete in athletic competitions designated for girls.” Title IX of the Education Amendments of 1972, the federal authorities said, “requires schools to ensure equal opportunities for girls, including in athletic activities, but California has actively prevented this equality of opportunity by allowing males in girls’ sports and intimate spaces.”
The U.S. Department of Education’s Office for Civil Rights sent a proposed Resolution Agreement to the California Department of Education and the California Interscholastic Federation. It directed the CDE and the CIF to notify all recipients of federal funding that operate interscholastic athletic programs in California that they are required to comply with Title IX, and this means they are forbidden from allowing males to participate in female sports and “occupying female intimate facilities.” It also required the California Department of Education to notify all recipients of federal funding that federal law preempts any state law to the contrary.
On Monday, the California Department of Education “respectfully” told the U.S. Department of Education to pound sand. The California Interscholastic Federation issued a similar response.
“California has just REJECTED our resolution agreement to follow federal law and keep men out of women’s sports,” wrote U.S. Secretary of Education Linda McMahon in an online post.
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President Trump campaigned on a promise to end the practice of allowing males to compete in female sports and take away, due to their biological advantages, titles and opportunities reserved for females.
Federal funding is contingent on compliance with federal law. California officials are sacrificing the financial viability of sports programs in schools on the altar of their belief that eligibility rules based on biology are discriminatory.
California won’t win this fight, but its taxpayers will get the record-breaking bill for it.
Write Susan@SusanShelley.com and follow her on X @Susan_Shelley
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