Flies in the face of the law’s intent.

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. — Title IX of  Education Amendments of 1972.

Now comes the Biden administration to add to Title IX a prohibition against discrimination based on a person’s preferred gender identity.

But nowhere in Title IX does the word “gender” appear. I haven’t read the full congressional debate over the passage of Title IX, but I’m betting that nowhere in it is found any intention of including gender identity as a protected category.

In other words, the Biden administration wants to include gender identity in the definition of sex. Which is high irony, considering how the current woke definition makes a clear distinction between gender and sex. Sex is not gender, they say, and sex is not gender.

Here are the contrasting definitions of “sex” and “gender.”

Sex refers to a set of biological attributes in humans and animals. It is primarily associated with physical and physiological features including chromosomes, gene expression, hormone levels and function, and reproductive/sexual anatomy.

Gender refers to the socially constructed roles, behaviours, expressions and identities of girls, women, boys, men, and gender diverse people. It influences how people perceive themselves and each other, how they act and interact, and the distribution of power and resources in society.

This isn’t just a matter of playing with words. The distinction between the two is the woke’s rationalization for allowing a born-male swimmer, Lia Thomas, who claims to be a she to compete against and trounce actual women swimmers.

Well, you can’t have it both ways: If sex is biological reality and gender is a matter of preference, then Title IX cannot be said to cover gender. It doesn’t say gender in the law passed by Congress and the executive has no authority to override the law. Unless, of course, President Joe Biden considers himself above the law.

This redefinition of Title IX actually has its roots in the Education Department’s Civil Right Office under the Obama administration. I witnessed the radicals in the civil rights office threaten to deny Palatine-Schaumburg (Illinois) High School District 211 federal funding if it didn’t allow a born male/now a gender female to use the girls’ locker room.

The office didn’t bother with public hearings and follow the other procedural requirements to impose such a regulation. A clear violation of the law. But it was effective, because the school board caved into the bureaucrats so it could keep its federal funding.

At least the Biden administration commits to following procedural rules. As if it matters.

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