If you’re a good liberal—and, believe me, I have learned that not all of you reading this are, and thank you for letting me know—you’re likely to believe that Obama’s changes to Title IX were a good thing; Trump’s subsequent changes were bad; and whatever Biden’s doing to reverse what Trump did is restoring justice.
Well, it’s way more complicated than that. The proposed changes, to which you can submit comments until September 12, bring up enormous questions about the value of due process, free speech and the right to dignity and privacy. These changes enshrine gender identity as fact, as opposed to belief, and privilege them over biological sex, which has profound implications that Americans really should be free to discuss. And Biden’s proposed changes, if adopted, mean that schools that don’t comply are in danger of losing their federal funding.
To understand this situation better, I spoke with Candice Jackson, a lawyer and former staffer at the DOE who has been working diligently on Title IX issues. We talked about regulations versus executive orders; how one balances religious belief with other freedoms; what the proposed changes mean; and how parents can feel safe questioning them.
Candice Jackson served as Acting Assistant Secretary for Civil Rights and Deputy General Counsel in the US Education Department from 2017 to 2021, and now practices law in California. She also volunteers as US Coordinator for Genspect.
What You Need to Know About Title IX