CWA’s Vice President of Government Relations appeared on Washington Watch with Tony Perkins to discuss the recent Department of Education ruling that the Connecticut Interscholastic Athletic Conference’s (CIAC) policy allowing biological males to compete in women’s sports violates Title IX. She was featured along with Christiana Holcomb, Legal Counsel for Alliance Defending Freedom.
Washington, D.C. – Concerned Women for America (CWA) applauds the U.S. Department of Education (ED) for taking a significant step in the fight to protect the integrity of women’s sports. The ED Office for Civil Rights (OCR) has correctly ruled that the Connecticut Interscholastic Athletic Conference (CIAC) and associated schools are in violation of Title IX regulations prohibiting sex discrimination for denying female student-athletes benefits and opportunities in girls’ track by allowing the participation of male students. Among the findings: “CIAC treated students differently based on sex, by denying opportunities and benefits to female student-athletes that were available to male student-athletes.”
CWA filed a similar civil rights complaint at the college level against Franklin Pierce University for unfairly winning a national NCAA title in the 400-meter women’s hurdles with a biological male athlete. That case is still under investigation by OCR, and we believe a similar action should follow.
Penny Nance, CEO and President of Concerned Women for America, had this to say:
“Concerned Women for America supporters from around the country have stood at the forefront of the fight to protect equal opportunity in women’s sports. We applaud the Office for Civil Rights for finally taking action to recognize that female athletes are being denied their rights and that schools are violating the law.
“From middle school sports to the Olympics, our daughter athletes are being bullied by activists and sidelined by silence. They simply want to compete on a level playing field against athletes of their own sex. That is what Title IX achieved for female athletes over 40 years ago.
“The ruling in this case shows just how twisted and off-track women’s sports has become, and it carries a warning for all schools: don’t deny female athletes equal opportunity. CWA urges swift action on our complaint in college sports where the NCAA and member schools continue to trample the rights of female college athletes.
“This is not a left or right issue. Women and girls, regardless of political persuasion, deserve to have the laws that protect us respected and followed, ensuring equal opportunities and benefits in sports for all female athletes.”
“It is always sobering to stand and contemplate the destruction and devastation left along the pathway of “Hurricane” Roe v. Wade, the landmark Supreme Court decision that invented a right to abortion. It is worse than any of the modern-day disasters we have experienced. More than sixty million babies now lost.
In light of a new documentary airing Friday — “AKA Jane Roe” — today is yet another day of mourning as we now hear a new tragic explanation that only adds to the injustice and confusion that is Roe.
The Supreme Court case was not only plainly an unconstitutional exercise in judicial activism, it was also the result of a wicked plan to deceive the public into something it never wanted. And now, this 2020 documentary, produced by Nick Sweeney, whose body of work informs viewers of his agenda, paints a picture of even more injustice and deception surrounding the complicated and sorrow-filled life of Norma McCorvey.”
“Joe Biden is now bearing the burden of proof from 27-year-old sexual assault allegations from former staffer Tara Reade. Reviewing the lessons members of Congress should have learned in the 1990’s – lessons from the Clarence Thomas confirmation hearings to the Contract with America– makes Biden’s tone-deaf denials even more fantastical.
In 1994, midway through President Bill Clinton’s first term, the Contract with America galvanized voters in federal elections with its pledge to make Congress more accountable to the American people. Its success installed a Republican majority in the House and Senate who promised major legislative reforms, the first being to apply all laws to Congress that apply to the rest of the country.
In 1995, as soon as the 104th Congress was sworn in, Republicans went to work to pass the Congressional Accountability Act. To symbolize their high priority for action, it was introduced as H.R. 1 in the House and S. 2 in the Senate. The bill proposed to extend the same workplace protections against discrimination required of the private sector to the legislative branch. Until then, Congress had not been willing or accountable to live under standards they imposed on the rest of American workplaces, including laws against sexual harassment and assault.”
“The year was 2010. President Barack Obama was in office, and Democrats controlled the Senate. Obama could practically get any judge he wanted, but he could not get his nominee to the U.S. Court of Appeals for the 2nd Circuit, Robert Chatigny, confirmed based on Chatigny’s track record of favoring sexual predators over women and children. Now this same judge is prejudicing the case against female athletes by imposing a speech code on their counsel.
Judge Chatigny has a very troubling record. As I wrote at the time, serial killer Michael Ross explained in a documentary how he bound 14-year-old Leslie Shelley, stuffed her in his car trunk, and “took the other [14-year-old] girl, April Brunais, out, and I raped her and killed her, and I put her in the front seat.” Ross said he had killed eight women and girls, ranging in age from 14 to 25, and if he hadn’t been arrested, he would still be killing.
“Remember when Senate Democrats, Hollywood A listers and their media shills decreed that we must always “believe women?” Well, apparently that’s over now. Tara Reade’s sexual assault accusations against Vice President Joe Biden have forced them to change the narrative exposing what we always knew was a cynical plot against U.S. Supreme Court Justice Brett Kavanaugh.
Concerned Women for America (CWA), the organization I lead, had leaders from around the country present for every second of the now infamous Kavanaugh confirmation hearings. We saw Alyssa Milano in her “Believe Women” sash, supporting Dr. Christine Blasey Ford. She was one of the most vocal supporters of the #Metoo movement (though not the only one by any stretch) and adamant that we must believe women. “I believe survivors. No on Kavanaugh,” read the sign she carried around.
The evidence didn’t matter to them. Justice Kavanaugh was guilty from the beginning — even before an investigation. And certainly after, though no new information surfaced. Remember, Justice Kavanaugh had undergone, not one, not two or three, but six background investigations before being nominated to the Supreme Court. There was nothing to back up Dr. Ford’s claims. The people who Dr. Ford said were with her at the alleged party denied ever being there with her. Those were her friends. And she did not remember anything else. She did not remember the exact date or the place. Nothing backed up her story.”
Penny and the ladies spoke about her work in Washington, her family, ideals, and personal life as well as issues such as the sanctity of life and abortion issues as well as the book Penny wrote Feisty and Feminine.
Let your voice be heard! Click here to read and have your name added to the petition to the International Olympic Committee to keep males out of women’s Olympic sports.
As we shared earlier, CWA’s Vice President of Government Relations Doreen Denny was featured in a Daily Caller article about the coalition of international women’s groups urging the International Olympic Committee to suspend their current guidelines which allow transgender athletes to compete in women’s sports. See entire article here.
And, over the last year, Concerned Women for America has been very active in working to protect women and girls from the injustice of allowing males to participate in female sports.
- On National Girls and Women in Sports Day this year, we spearheaded the coalition letter for federal legislation to protect women’s sports.
- Our Vice President for Government Relations Doreen Denny has published numerous articles about this issue. See them below:
- 4/21/20 Supreme Court Should Look to Transgender Sports Case in Harris v. EEOC – cnsnews.com
- 4/02/20 Idaho Becomes First State to Protect Women’s Sports From Transgender Agenda Daily Signal
- 3/13/20 The NCAA’s Black Eye in Women’s Sports Townhall
- 12/11/19 (print edition): How Trump can Save Women’s Sports The Washington Times
- She was also on a panel at Heritage last year (4-8-2019) with Beth Stelzer, Save Women’s Sports, and others: “Is it Fair Play? Women’s Athletics in the Age of Gender Identity”
- See Doreen Denny’s Remarks Here.
This is a crucial time in women’s sports. The 2020 Olympic games have been postponed due to the Coronavirus pandemic, and this gives them valued time to examine transgender participation guidelines. Fill out the form, and we will submit your name on behalf of CWA. Our thanks to Save Women’s Sports for their leadership in launching the petition.
“A coalition of international women’s groups have signed a petition urging the International Olympic Committee to suspend their guidelines allowing transgender athletes from competing in women’s sports.
Save Women’s Sports spearheaded the petition Monday, pushing the IOC to re-evaluate their transgender participation guidelines, which permit biological males who identify as female to participate in women’s sports.
Due to the coronavirus pandemic, the Tokyo 2020 Olympic Games were postponed until July 2021. The IOC announced that it would wait until after the Olympics to publish new guidelines on transgender athletes.
Save Women’s Sports is urging the IOC to use the delay as an opportunity to re-examine the policies allowing transgendered people to compete in women’s sports, which the group says has “potentially devastating effects” and discriminates against women on the basis of sex.
“I looked at the IOC standards in 2015 thinking it would be the gold standard,” Linda Blade, a co-founder of Save Womens Sports told the Daily Caller. “And out of the blue they decided a man can self-identify as a woman and live like a woman and decrease testosterone a little bit, which is still more than what females are allowed to have, and just go into Olympic sports.””
The Television Network FX/Hulu has released a series called “Mrs. America,” a dramatization about the Equal Rights Amendment (ERA) fight. This series has offensive and often inaccurate depictions of Phyllis Schafly, Eagle Forum’s beloved founder. CWA’s founder, Mrs. Beverly LaHaye, also worked hard to fight against the ERA in the early years of our organization and along with Phyllis Schlafly, our side won!
We at CWA are working alongside our friends at Eagle Forum to see that the truth is spoken about Phyllis Schlafly’s legacy. An attack on Phyllis is an attack on the conservative movement, and we must fight back! Recently, our CEO and President Penny Nance was interviewed by Crosswalk about this series and Phyllis Schlafly. Here’s what Penny told reporter, Michael Foust:
“She was such a bright woman – really one of the most intelligent women I’ve ever met … She was brilliant, astute and strong. She was often the only woman in a group of men and certainly the smartest person in the room.”
CWA’s Vice President of Government Relations, Doreen Denny penned the following opinion piece published on CNSnews.com highlighting Harris Funeral Homes v. EEOC, arguing the definition of sex in federal civil rights law in the context of employment. Doreen argues that the Justices should consider DOJ’s recent conclusions about the impact of gender identity-based claims on women in a Connecticut sports case in their deliberations.
“The Supreme Court announced it will resume oral arguments by teleconference in May. Several high-profile cases are being decided and opinions in these cases are sure to break through the latest news of the coronavirus pandemic.
Among them is Harris Funeral Homes v. EEOC, arguing the definition of sex in federal civil rights law in the context of employment. If the Court rules sex under Title VII includes “gender identity,” it would effectively rewrite federal law and invalidate policies and practices which treat men as male and women as female.
The Justices would do well to consider DOJ’s recent conclusions about the impact of gender identity-based claims on women in a Connecticut sports case in their deliberations in Harris.
Late last month, Attorney General William Barr signed a Statement of Interest in the federal case about the meaning of sex and equal opportunities in women’s sports. Three Connecticut high school female track athletes have been forced under state athletic association policy to compete against male runners identifying as girls.
Connecticut officials have rejected the concerns of female athletes, claiming federal law compels them to allow students to compete according to the gender with which they identify. Racing against males with built-in physical advantage, the female plaintiffs have lost opportunities to excel in their sport, including state and regional titles.
But, in a 13-page statement, the Department of Justice (DOJ) flatly rejects the Connecticut Interscholastic Athletic Conference (CIAC) claim that Title IX requires classifying transgender students according to their perceived gender, not their biological sex:
“Title IX and its implementing regulations prohibit discrimination solely ‘on the basis of sex,’ not on the basis of transgender status, and therefore neither require nor authorize CIAC’s transgender policy. To the contrary, CIAC’s construction of Title IX as requiring the participation of students on athletic teams that reflect their gender identity would turn the statute on its head.”
Barr’s statement offers multiple reasons why dismissing “on the basis of sex” as binary and immutable would be fallacy and should move us a step closer to protecting an equal playing field for every female student athlete in America:
- Physiological differences between the sexes matter in protecting equal opportunity.”
Penny spoke to Marcus and Joni Lamb about numerous topics including her book, Feisty and Feminine, current events, COVID-19, Concerned Women for America, abortion, and President Trump among many additional topics. Penny closed the show in a heartfelt prayer!
See Penny Nance’s Segment and the Entire Marcus & Joni Show Here: (Penny’s segment runs from 43:30 to 59:13)
Washington, D.C. — Penny Nance, CEO and President of Concerned Women for America Legislative Action Committee (CWALAC), made the following statement after the U.S. Department of Justice led by Attorney General William Barr filed a Statement of Interest in federal court against the Connecticut Interscholastic Athletic Conference for their policy that forces female athletes to compete against male athletes identifying as girls. Plaintiffs in the case are three high school female athletes who have faced sex discrimination as they sought to excel in track at their schools.
“The Attorney General and the Department of Justice (DOJ) have taken a crucial step in the right direction to protect women’s sports. Concerned Women for America and our allies fighting to protect equal opportunities for female athletes have been waiting for them to speak. Female athletes are being sidelined by a culture that refuses to stand up to this injustice. Our daughters deserve better. It’s time for the Administration to act and for the court to get it right.
“CWA has been calling on the Trump Administration to make clear that Title IX’s prohibition against discrimination on the basis of sex should prevent any male athlete identifying as a girl from competing in female sports. The reason is obvious. Biology tells us why. It’s been an uphill battle, but with this statement, we know they are listening.
“For this reason, CWA filed a complaint with the Department of Education’s Office for Civil Rights (OCR) against Franklin Pierce University for rostering a male transathlete on their women’s track team who won the 2019 NCAA national title in the women’s 400-meter hurdles. OCR has opened an investigation but has yet to rule.
CWA will continue to fight for the rights, dignity, and status of women and girls against an activism that wants to deny us a fair playing field.”
NCAA President Mark Emmert walked into a public arena recently that could have been a lion’s den for him. Emmert faces widespread and eroding public trust in the NCAA, for good reason. The century-old institution is failing its college players, men and women, in the modern era.
That lion’s den was a U.S. Senate hearing on Name, Image and Likeness (NIL) rules and athlete compensation. It didn’t take long for Senators to expose many problems of transparency, consistency and fairness plaguing the NCAA. In particular, the issue of schools profiting from stand-out athletes at no benefit to the player has hit a tipping point.
With the popularity of March Madness, Super Bowl-style marketing schemes, and video gaming systems promoting images of college athletes in fantasy competition, California passed a law making it illegal for state schools to punish an athlete for profiting from his or her name, image or likeness. The law is due to take effect in 2023.
Understandably, Emmert is looking for the cover of Congress to avoid the pitfalls of a patchwork of state NIL policies. He would like to avoid the consequences that could result from fueling a wild west college athlete endorsement market.
But the NCAA has lost its credibility. It no longer stands up for student-athletes. As a nonprofit organization associated with educational institutions, the NCAA should be supporting players as students, not professionals, but also recognizing their value. Academic integrity should be at the core of any model of intercollegiate competition.
So should fair play for women and upholding laws against sex discrimination.
Shea Garrison, vice president of international affairs at Concerned Women for America (CWA), observed, “The idea of an ‘equal rights’ amendment sounds great for women who want equality and ‘empowerment.’ However, the ERA, as it is written, does not secure equal rights for women. Rather, it puts us at risk to lose the gains we’ve made in the past 50 years. Here’s why: It says ‘equality of rights … shall not be denied … on account of sex.’ So, it is true that restricting access to abortion could be seen as discrimination against women since abortion is only applicable to women. But it also could work the other way — a man could say any law or special policies on child care, marriage, alimony, etc., put in place to specifically protect women is discrimination against him. Private women-only spaces like sex-segregated bathrooms, locker rooms, or domestic violence shelters could also be seen as a form of sex discrimination or violation of this amendment.”
“The bottom line,” Garrison explained, “is that this is bad policy that will hurt women, not give us equal rights. Women are already equal citizens under the law of the United States, and we will continue to use established law such as Amendment 14, Title IX, or the Equal Opportunity Act of 1963, etc., to wipe out any inequalities that we still may face.”
Calling the ERA “a war on women,” Concerned Women for America adds that this misguided amendment — if it were ever to be revived and passed — would:
- Wipe out all ability to use any laws using “sex” as a defining characteristic, therefore overturning workplace and family laws that protect women.
- Overturn privacy laws that define who may use men’s and women’s bathrooms and locker rooms.
- Attack religious-freedom laws in situations where faith-based groups recognize distinctions between the sexes, such as in women-only domestic violence shelters run by faith-based organizations.
- Be used to write abortion rights into our U.S. Constitution with the rationale that restricting access to abortion is a form of gender discrimination (since it singles out women for a physical trait unique to them).
- Affect Social Security, Medicare benefits, health-insurance benefits and more.
Penny Nance interview on Equal Rights Amendment, “ERA is about Taxpayer-funded abortion.”
Penny Nance segment on The 700 Club addressing the Equal Rights Amendment.Penny’s Interview begins after a story on ERA at time-code: 5 minutes (5:00)
Listen to the Bill Cunningham Podcast that features Penny Nance. Time-code: 98:00
“The Equal Rights Amendment (ERA) is dead.
The Department of Justice announced as much in January.
Even Justice Ginsburg, the “most prominent feminist lawyer in American history,” has said the ERA has missed its opportunity and proponents need to start from square one.
Still, House Democrats will play Dr. Frankenstein on Thursday as they try to resurrect the ERA monster. They’ve scheduled a vote to remove the 40-year-old deadline on the legislation’s ratification after Virginia became the 38th state to approve the amendment in January, sending hopeful politicians into a tizzy.
Concerned Women for America (CWA) — the organization I lead — was literally founded to fight the ERA 40 years ago. Our founder believed women deserve fairness and equality under the law and was determined to oppose the ERA because it effectively writes us out of it.
The ERA proposes “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex” and that “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
Penny Nance, President and CEO of Concerned Women for America, shared her thoughts with Breitbart News on how President Donald Trump’s administration is actually benefitting women, unlike the media claims:
“The president and CEO of the nation’s largest public policy women’s organization says the economic policies of President Donald Trump, along with his judiciary nominees and protections for the unborn, are benefiting millions of women voters in America.
In a statement sent to Breitbart News, Penny Nance of Concerned Women for America (CWA) responded to former Planned Parenthood CEO Cecile Richards’ comment last week that if women show up at the polls in full force in November, it could be “game over” for Trump.
Richards, who turned America’s largest abortion business into a political powerhouse that has now pushed the Democrat Party leftward to fully embrace abortion on demand, told MSNBC that “58% of caucus goers in Iowa were women … If 58% of voters next fall are women, it’s game over.”
Richards told host Lawrence O’Donnell there is an “enormous divide” because the president “disrespects women and disrespects the Speaker,” and “repeatedly lies about the situation for women in this country.”
“That’s why you see women so motivated right now to be involved in politics and voting,” she added.
But, Nance says unequivocally, “Cecile Richards is wrong,” and explains:
President Trump is positively impacting the lives of millions of women. His administration has supported policies that have raised wages, lowered unemployment, cut taxes, confirmed fair judges for our judicial system, and protected the unborn. These are issues about which women care.
The Trump Administration’s actions to support women are bold and successful, and female conservative voters have taken notice and are giving him credit.”
By all accounts, the Equal Rights Amendment (ERA) should be dead. The 1979 ratification deadline passed 40-years ago three states short of ratification. Concerned Women for America was on the front lines with opponents who stopped this constitutional amendment to prohibit sex distinctions in law that ultimately would “ERAse” women. But that has not stopped modern attempts to resurrect it.
Three states passed the ERA in recent years to argue that passage by three-fourths of states (38) has now been reached. Virginia claimed its place as the 38th state this year. The U.S. Department of Justice issued a legal opinion in January that the ERA has expired by every legal measure. This bars any action by the National Archives to certify new states because the ratification has expired.
Nevertheless, proponents in Congress are seeking to pass legislation to remove the deadline believing they have the authority to airdrop the ERA into the Constitution. Their motivation is clear: the ERA would become a new constitutional right guaranteeing abortion on demand. For abortion advocates, the ERA is now about achieving Every Right to Abortion.
State-level ERAs have been used to require taxpayer-funded abortion
- In 1998, the New Mexico Supreme Court ruled unanimously that the state ERA required the state to fund abortions since procedures sought by men, like prostate surgery, are funded. A lawsuit in Connecticut used similar arguments and achieved the same objective: full taxpayer-funded abortion.
- In 2019 Planned Parenthood and Women’s Law Center filed a lawsuit in Pennsylvania arguing that Pennsylvania’s ERA means abortion must be included in medical coverage for women because men aren’t denied coverage for anything.
Abortion groups are actively campaigning to pass the ERA
- Proponents of the ERA today say ratification would enable courts to rule that any restrictions on abortion would “perpetuate gender inequality.” NARAL Pro-Choice America claims: “With its ratification, the ERA would reinforce the constitutional right to abortion…”
- In a 2019 letter to the House Judiciary Committee, the ACLU stated: “The Equal Rights Amendment could provide an addition [sic] layer of protection against restrictions on abortion, contraception, and other forms of reproductive healthcare.”
- The pro-ERA website, EqualRightsAmendment.org, explicitly states that ratifying the ERA into the U.S. Constitution would “provide a strong legal defense against a rollback of women’s rights (including but not limited to: Roe v. Wade…).”
Attempts to resurrect the ERA must be defeated
- ERA proponents see a new opportunity in a modern age to resurrect the ERA. Their efforts must be stopped. Any legislation seeking to amend the Constitution with an ERA must be defeated. Any legislator on the side of protecting life must oppose the ERA.
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