Betsy DeVos blasts Biden’s Title IX rewrite, calls on Congress to block the rule

Former U.S. Education Secretary Betsy DeVos joined members of the “Our Bodies Our Sports Coalition” in speaking out against the Biden administration’s final Title IX rule that includes protections for transgender students.

Standing outside the Gerald R. Ford Presidential Museum in Grand Rapids in a nod to Ford’s role in signing the final components of Title IX into law,  DeVos stood alongside former student athletes and members of the conservative group Independent Women’s Voice. They argued the updated rules would eliminate “sex-based protections” for women and girls, encouraging members of Congress to oppose their implementation.

“For more than 50 years, Title IX has been a game-changer for girls and women in this country, and we’re not going to turn back the clock. Unfortunately that’s exactly what the Biden administration is in the process of doing,” DeVos said.

Biden administration to roll back the Betsy DeVos Title IX rules

A former Michigan Republican Party chair, DeVos has been a fixture in GOP politics in the state for decades. The billionaire DeVos family also has donated millions to conservative candidates and causes in the state and across the country, including school voucher efforts and the 2022 campaign of GOP gubernatorial nominee Tudor Dixon. Dixon lost the general election to Gov. Gretchen Whitmer.

The Biden administration announced its updated final rule in April, rolling back changes overseen by DeVos when she was a member of former President Donald Trump’s cabinet. The new rule protects transgender students from sex discrimination and prohibits discrimination against LGBTQ+ students and employees based on sexual orientation, gender identity and sex characteristics.

It also requires schools to have measures in place to support students and employees making complaints of sex-based discrimination and removes regulations narrowly defining sexual harassment and directions for schools to host hearings where those accused of sexual harassment or assault were allowed to cross-examine their accuser.

These changes, which take effect Aug. 1, do not establish criteria for transgender athletes. The Department of Education is working on a separate rule, which would prevent blanket bans against transgender students competing in sports in line with their gender identity. Twenty-four states have already issued such bans.

The updated rule has already faced a number of challenges from 26 GOP state attorneys general as well as Republican members of Congress who seek to block the rules from taking effect.

During the rally, speakers called on Congress to reverse the final rule through the Congressional Review Act, which allows lawmakers to overturn certain actions taken by federal agencies. An effort sponsored by U.S. Mary Miller (R-Ill.) is set for a vote in the GOP-led U.S. House, while more than 30 Republican members of the U.S. Senate have introduced their own effort, which will need a majority vote to pass in the Democratic-controlled chamber.

However, President Joe Biden is expected to block these efforts should they succeed.

Speakers also cheered the Monday decision issued by U.S. District Judge Danny C. Reeves, which temporarily blocks the new rules from taking effect in Kentucky, Indiana, Ohio, Tennessee, Virginia and West Virginia.

On Thursday, U.S. District Judge Terry Doughty also temporarily blocked the Title IX changes from taking effect in Idaho, Louisiana, Mississippi and Montana.

“When Congressman Gerry Ford considered Title IX there was no question what the 37 words of the Title IX law meant. On the basis of sex meant one sex, male or female,” DeVos said. “Ford’s colleague, Congresswoman Patsy Mink, a woman, had championed Title IX to create opportunities for women. No one was confused what the law was meant to do. No one argued what the words meant. …. The same should be true today.”

DeVos challenged members of Michigan’s congressional delegation, particularly women, on whether they would oppose the new Title IX rules, singling out U.S. Rep. Lisa McClain (R-Bruce Twp.) who had been vocal in her opposition to transgender women in sports. McClain had previously hosted Riley Gaines — a former competitive swimmer who advocates against trans women participating in women’s sports — as her guest for the 2023 State of the Union address.

In a statement emailed to the Advance, Michigan Democratic Party Chair Lavora Barnes blasted Republicans for their opposition to the Title IX changes, while praising the president and Michigan Democrats for working to support students.

“Betsy DeVos, Donald Trump and the entire MIGOP are once again dead set on leaving Michigan children behind. Instead of fear-mongering and stigmatizing vulnerable Michigan children, Republicans should focus on actually funding our public schools and lowering costs for working families,” Barnes said. “Thankfully, despite Republican opposition, the Biden-Harris administration and Michigan Democrats are supporting our students and families so that every Michigander has the opportunity to succeed.”

Civil rights and LGBTQ+ advocacy organizations across the country have pushed back against arguments for excluding trans individuals from participating sports. While those seeking to bar transgender women from sports argue they enjoy an unfair advantage, a review of studies into the participation of trans individuals in sport found there was no consistent research suggesting transgender women experience an athletic advantage at any stage of their transition. Additionally, the majority of transgender competitive sport policies that were reviewed were not based on evidence.

A study from the Williams Institute at UCLA School of Law also found no evidence to support claims that allowing trans people to use public restrooms or other gender-segregated facilities created safety risks.

When the Title IX Final Rule was announced, Kelley Robinson, president of the Human Rights Campaign that advocates for LGBTQ+ individuals, said the rule would be life changing for LGBTQ+ youth.

“This updated rule is a reminder of what Title IX has been designed to accomplish for more than fifty years: ensure students are safe from abuse, harassment, and discrimination while they pursue their education,” Robinson said.

“Even as we celebrate this progress, our work is far from finished. LGBTQ+ Americans, particularly transgender youth, continue to endure ongoing attacks on their rights and their dignity at the state level,” Robinson said. “We call on the Biden-Harris administration to move swiftly to ensure Title IX protects the rights of transgender athletes to play and be part of a team.”