The Biden administration's recent rewriting of Title IX has sparked rage and objection from conservatives and moderates who worry about women’s safety. The changes effectively expand protections for transgenders on college campuses and strip due process for those accused of sexual harassment or assault.

Biden’s changes are a reversal of policies implemented during the Trump administration, which had narrowed the definition of sexual harassment and bolstered the rights of those accused. Now, many worry that college tribunals will threaten the accused’s ability to defend themselves. They also worry it could encourage more false accusations and incentivize universities to err on the side of harsher punishments.

• In the last two weeks, sentiment on transgender issues has fluctuated, dipping 40% prior to the Title IX changes.
• With a spike in conversation, sentiment received a slight bump to 45%, but flattened back out as conversations emerged.

Conversation is Negative but Progressives Celebrate

Much of the discussion MIG Reports analyzed expresses strong opposition to the changes. People argue this revision allows men or "transgender women,” to compete in women's sports and use women's locker rooms. Critics argue this undermines the fairness and safety of biological women and girls participating in sports.

Critics insist the physical differences between biological males and females give transgender athletes an unfair advantage in sports. They also express concerns about potential invasions of privacy in locker rooms. Despite protests insisting there are carveouts for sports, many interpret the language of Title IX to implicitly require transgender inclusion in sports.

Those opposed frame their arguments in terms of a perceived erasure or violation of women's rights. They argue the changes to Title IX are fundamentally at odds with the original intent of the legislation, which was to create equal opportunities for women in education and sports. They also call on any Democrats or liberals claiming to be feminists to stand up for biological women and girls.

Many conservative voices express dissatisfaction and call for lawsuits to reverse the changes. A tweet from political commentator Megyn Kelly reflects a strong sentiment among many right leaning voters who view the rise of transgender activism as an attack on women.

DO NOT EVER LET ANY DEMOCRAT TELL YOU THEY CARE ABOUT WOMEN’S RIGHTS EVER AGAIN IF THEY DO NOT STAND UP TO THIS ABOMINATION OF A TITLE IX REVISION.
These regs are a nuclear level attack on women’s rights and men’s due process rights. JOE BIDEN MUST GO.

— Megyn Kelly (@megynkelly) April 19, 2024

Meanwhile, Democrats have largely applauded these changes. They view them as necessary to protect the rights of marginalized groups and address sexual harassment and assault in educational institutions. Many Democrats argue the changes reflect modern understandings of gender and the need to ensure equal access to education for all students. They also argue the changes will help to create a safer and more inclusive environment in schools and colleges.

Frequent Criticisms of Title IX Revisions

Some of the most vehement objections to Biden’s Title IX changes include:

Violation of Due Process

Critics argue there's an increased potential to violate the due process rights of the accused. They say the new rules will lead to a presumption of guilt by tribunals, removing the accused’s right to cross-examine their accusers.

Overreach of Federal Power

Some conservatives and libertarians argue the changes represent an overreach of federal power into local and state educational institutions. They believe decisions about how to handle sexual misconduct should be left to individual schools or states.

Infringement on Free Speech

There are arguments that lowering the bar for what is considered harassment will create enforced speech. If transgender athletes can invoke harassment for being misgendered, freedom of speech will be curtailed.

Endangering the Safety of Girls

Many insist these changes endanger the safety of female students as biological men enter their spaces. Critics say the new rules could increase accusations and punishments for misgendering transgender athletes threatening women’s safety.

Potential for False Accusations

Critics argue the changes could lead to increased discrimination and retaliation against women and false allegation victims. They argue it will be more difficult for the innocent to defend themselves.

Adverse Incentives for Schools

Some critics argue the changes lack clarity and could lead to confusion for schools trying to implement them. They also worry that schools, to maintain government funding, will enforce heavy-handed policies that hurt students.

Overall, reactions to the Biden administration's changes to Title IX reflect complex and conflicting views of gender rights and the government’s role in enforcing speech. These debates are likely to continue in the political arena, the courts, and in educational institutions across the country.