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Discrimination against Women at the Heart of New Biden Title IX Rule

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For Immediate Release
May 15, 2023

Contact:  CWA Communications Team


Discrimination against Women at the Heart of New Biden Title IX Rule

50 years of Women’s Achievements at Stake

Washington, D.C. – Today, Concerned Women for America (CWA), the nation’s largest public policy women’s organization, sent a letter to Secretary of Education Miguel Cardona urging the U.S. Department of Education to withdraw the proposed Title IX Rule and reinstate the fundamental principle behind women’s athletics requiring a student’s sex, not the subjective claim of “gender identity,” to be the only basis for eligibility on female sports teams.

Today is the last day of the 30-day comment period for the proposed Rule titled the “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.” More than 150,000 comments have already been received. 

“The Biden Administration’s quest to weaponize Title IX to deny the female dignity and status of women and girl athletes is reprehensible,” reads the letter signed by CWA CEO and President Penny Nance. “Concerned Women for America strongly objects to the U.S. Department of Education’s (ED) illegal rewrite of Section 106.41 Athletics under the proposed Rule.

“Let’s be crystal clear about what this Rule proposes: Under threat of losing federal funds, no school or university can maintain a fundamental anti-discrimination policy that ensures all female athletes are protected from discrimination on the basis of sex. This Rule demolishes what Title IX affirmed: that female sports teams in every sport offered at every age and level of competition are for female athletes only. Women’s sports as we know them today are banned under this radical Rule that rejects the fundamental purpose of Title IX to uphold equal opportunity for women. ED oversteps its authority and indeed acts contrary to clear congressional intent with this proposal.

“Title IX was meant to erase discrimination against women in athletics (and in education). Under this Rule, Title IX would erase women’s sports and what it means to be a woman.”  

 CWA’s letter lists numerous ways that this illegitimate Rule violates the law, discriminates against female athletes, and will sow chaos and confusion in school athletics. Hundreds of concerned women activists have submitted comments to the proposed Rule and will continue to oppose discrimination.


Concerned Women for America is the nation’s largest public policy organization for women; we are dedicated to promoting Biblical values and Constitutional principles. More information is available at