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House Republicans on Tuesday advanced a bill that seeks to enshrine into law wording that solidifies the biological definition of sex, rebuffing the argument it’s a gender spectrum.
The bill, H.R. 8781, which would define discrimination prohibited under Title IX of the Education Amendments as “based on the biological reality of sex,” passed along party lines, 18 to 15.
The Title IX Clarification Act aims to codify the Supreme Court’s recent ruling that the term “sex” under Title IX refers to biological sex, according to a committee news release.
Under the bill, the term “female” would be defined as a person having a reproductive system that produces ova for fertilization, and the term “male” would be defined as having a reproductive system that produces sperm.
The National Education Association has come out against the bill, arguing “fallout … could include the limitation of trans students from participating on sports teams and accessing restrooms or locker rooms that align with their gender identity,” Higher Ed Dive reported.
While the Supreme Court ruling allows states to ban men from women’s sports, this legislation would regulate the entire nation.
“Republicans said Tuesday the bill just codifies the Supreme Court’s ruling, but Democrats argued it goes a step beyond—not only would it strip transgender students of the ability to participate in gender-affirming athletics, they say, but it would also erase their access to other Title IX protections, involving from discrimination in admissions and counseling as well as sexual harassment,” Inside Higher Ed reported.
Democratic and Republican presidents have gone back and forth on defining sex.
Under Obama and Biden, Title IX barred discrimination based on a student’s gender identity, but under Trump’s two administrations, Title IX guidelines define it to mean “biological sex, male and female,” with LGBTQ+ students not expressly included in protections under Title IX, IHE reported.
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