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  • Jonathan Emord

Brace for Impact: DOE Is About to Unleash Sexual Assault on Girls and Women

Following the Senate vote championed by Sen. Tim Kaine to torpedo the Protection of Women and Girls in Sports Act, the Biden administration’s Department of Education readied its proposal to change the historic interpretation of Title IX of the Civil Rights Act to accommodate those who “identify” as the opposite sex. You can read the DOE summary of the proposed rule here. It is open for public comment and will likely be rendered final and enforceable soon. The new rule will permit boys and men who maintain a fiction, that they possess a gender other than their birth gender, not only to compete on girls’ and women’s teams but also to use their bathrooms and locker rooms.


In practical terms, the Biden administration is about to codify a “statutory right” for boys and men to enter girls’ and women’s bathrooms, locker rooms, and sports teams nationwide with the full backing of federal law and law enforcement. Every deviant out there who wants to sexually assault a girl or a woman is about to acquire an ally in the Department of Education and the Department of Justice. Indeed, any effort to stop boys and men from entering historically separate places for girls and women will now be subject to prosecution and each federally funded institution opposing such moves will risk losing its federal funding. A new age of expanded access to girls and women for voyeurs and sex criminals is upon us, all in the name of accommodating a fiction.


In short, the undeniable and fully predictable consequence of the Biden DOE’s proposed rule is to increase the incidence of sexual assault and rape against women nationwide and to cause all manner of perverse effects in society as we all try to reduce the newly created risks to girls and women. The rule’s underlying premise is a complete fiction. It applies to those who “identify” as the opposite sex, but anyone can “identify” as anything. A male interested in assaulting women can certainly declare with ease that he identifies as female to gain access to girls’ and women’s facilities. Identification does not cause an actual change in gender; indeed, nothing can. Even those who undergo surgery experience nothing more than a costly and irreversible fraud. Girls and women who are mutilated through hysterectomies, mastectomies, plastic surgeries, hormone blocking, and hormone therapy are still biologically the same as before that horror. And the same goes for boys and men who undergo chemical castration, plastic surgery, hormone blocking, and hormone therapy.


As soon as this proposal becomes law, across the nation girls and women will be newly vulnerable in virtually every public place. And where there is opportunity for crime, crime happens. In schools, colleges, parks, and other public facilities, girls and women will be preyed upon by sex offenders in bathrooms and locker rooms. Criminals will be given a perverse license to commit violent, life-altering crimes against girls and women. Girls and women will be confronted by males when they are least able to defend themselves. Historic places of refuge for women will be transformed into new places of heightened violent crime risk.


Imagine what this new rule does for sex criminals. In addition to inspiring deviants across the nation to take advantage of this opportunity for sexual assault, this change to accommodate a fiction will cause girls and women to suffer direct and palpable physical and mental harm as they take logical steps to avoid risk. Because girls and women will now be forced to view every bathroom and locker room as a potential place of peril, they will logically avoid them despite physical need, to their physical and mental detriment. Moreover, increasingly girls and women will avoid participating in sports because doing so carries with it not only the risk of loss to men possessed of greater muscle mass and strength but also because of the risk of sexual assault.


Responsible parents will now be alarmed at the prospect of their daughters being assaulted in bathrooms and locker rooms at school. Aware of that risk, they will no doubt remove their children from public schools and either home school them or place them in private micro-schools and other private schools that do not accept federal funding. That will help further depopulate the failing public schools to the benefit of those girls whose parents can afford to escape.

In short, every gain that Title IX has brought women over the last forty-one years will be erased upon adoption of this radical new DOE rule. Rather than secure the rights of girls and women from discrimination, if the Biden administration has its way, Title IX will become the legal means by which violent sexual assault against girls and women becomes more commonplace in America.



This article was written on June 3, 2023, and published on Townhall


Jonathan Emord is a leading constitutional law and litigation expert, the author of five critically acclaimed books, and a Candidate for the US Senate.


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