Comments to Department of Education — Nondiscrimination on the Basis of Sex in Athletics Rulemaking

Jeremiah Morgan Administrative Law, Statutory Construction

Today, we filed comments on behalf of America’s Future, Public Advocate of the United States, and Conservative Legal Defense and Education Fund in response to a Department of Education notice of proposed rulemaking on “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams.” Our comments explain that the NPRM misinterprets the fixed meaning of the word “sex” as used in Title IX of the Educational Amendments of 1972 to incorporate “gender” — a fictitious social construct. Furthermore, our comments argue that the NPRM relies on unscientific claims of “harm” to transgender students, but ignores evidence of harm to opposite-sex teammates.

Link to comments