Great news! Today, the U.S. Department of Education ruled that a policy letting boys play in girls’ sports is a violation of Title IX, a federal law that ensures that no one can be denied equal access to educational opportunities on the basis of sex. This is a significant win for female athletes across America: it sends a message that fairness in girls’ sports does matter.
We’ve been arguing this on the political front lines in Idaho, where we helped pass the Fairness in Women’s Sports Act, which ensures that only girls play in girls’ sports. Fairness in Women’s Sports is based on the idea that sports should happen on a level playing field – and that letting biological boys play in girls’ sports is decidedly unfair. Males have numerous physiological advantages that make it hard or impossible for even the top female athletes to compete against. That’s why this law ensures that only girls play in girls’ sports.
As you know, the ACLU recently sued Idaho over that law, claiming in their initial filing that Fairness in Women’s Sports is a violation of Title IX. Today’s ruling from the U.S. Department of Education suggests otherwise and sends a supportive message for female athletes across the nation.
It’s a message that together, we can Save Girls’ Sports.
Check out our full press release below!
FOR IMMEDIATE RELEASE
May 28, 2020
BREAKING: U.S. Department of Education Rules Letting Boys Compete in Girls’ Athletic Divisions Violates Federal Civil Rights Law
The ruling is timely as the ACLU has recently sued over a related issue in Idaho
COLORADO SPRINGS, Colorado – Family Policy Alliance applauds the Department of Education for today announcing that letting boys compete in girls’ sports divisions violates Title IX, a federal law that ensures no one can be denied equal access to educational opportunities on the basis of sex. The ruling from the Department’s Office for Civil Rights (OCR) is in response to a Connecticut policy that permits boys to compete in girls’ sports if they feel that they are girls.
The Department’s ruling is timely, as the ACLU recently challenged an Idaho law called Fairness in Women’s Sports which, unlike the Connecticut policy, ensures that boys cannot compete in girls’ sports. The law, signed just this spring, is the first of its kind in the nation.
In their initial filing, the ACLU expressed concern that Fairness in Women’s Sports was a violation of Title IX – but today’s ruling suggests otherwise.
Blaine Conzatti, Director of Advocacy at Family Policy Alliance of Idaho, shepherded Fairness in Women’s Sports through the Idaho legislature and to the Governor’s desk. Upon hearing today’s news, he commented: “We’ve been saying for years that letting men compete in women’s high school and college sports violates the spirit of Title IX.”
Title IX played a significant role in elevating women’s sports from recreation-only – or non-existent – status, to the competitive environment it is today. According to the Women’s Sports Foundation, “Before Title IX, one in 27 girls played sports. Today that number is two in five.”
Added Conzatti, “This is why the Fairness in Sports Act that becomes law this year in Idaho is so necessary. The Department of Education ruling today makes clear that protecting athletic opportunities for girls means that biological boys need to compete against other boys, not girls.”
The Department’s decision is an acknowledgement that letting biological boys play in girls’ sports is decidedly unfair: men have numerous physiological advantages over women, such as greater muscle mass and cardiovascular capacity, that make it hard or impossible for even the top female athletes to compete in their own sport. Connecticut’s policy, notes the Department, has “denied female student-athletes athletic benefits and opportunities, including advancing to the finals in events, higher level competitions, awards, medals, recognition, and the possibility of greater visibility to colleges and other benefits.”
Autumn Leva, a former female runner and Vice President of Strategy at Family Policy Alliance, also added, “Both the ACLU’s challenge to Idaho’s common-sense law and the policies in states like Connecticut that permit boys to take over girls’ sports are a slap in the face to Title IX. The Department of Education today clearly made the right decision to save girls’ sports and preserve the integrity of Title IX. It’s sadly ironic that the ACLU once championed girls sports through Title IX—now they want to turn boys into girls’ sports champions. ”
Family Policy Alliance thanks Alliance Defending Freedom for raising the matter before the U.S. Department of Education, and for this week filing a motion to intervene in the Idaho case, as well.
Media Contact:
Robert Noland, (719) 308-2822, Robert.Noland@FamilyPolicyAlliance.com
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Family Policy Alliance is a Christ-centered organization with a vision for a nation where God is honored, religious freedom flourishes, families thrive and life is cherished.
There has been a struggle going on over next door and I believe we can help. The people of Idaho have been struggling to preserve the opportunity for their girls to compete in sports.
Last month, Gov. Brad Little of our neighbor state, Idaho, signed legislation declaring opportunities intended for girls to compete in High School sports, which provides access to scholarships for college, should remain open only for biological girls.
Sponsored by female legislators, Rep. Barbara Ehardt (R-Idaho Falls) and Sen. Mary Souza (R-Coeur d’Alene), the Fairness in Women’s Sports Act would end recent policies forcing girls to compete against biological boys in girls’ sports if the boys receive cross-sex hormones for one year.
Most Americans believe that boys should not play in girls’ high school and college sports—a common-sense approach that was legally buttressed with the advent of Title IX in 1972. Yet that which was once unthinkable is becoming an increasingly common occurrence in school sports around the country. It has gotten so bad that three female high school track runners in Connecticut have sued their state athletic organization because several boys, who say they’re girls, keep winning girl championships, breaking records of girls, and taking opportunities from hardworking girls.
The two sexes have physiological, psychological, and anatomical differences, some of which are self-evident even to the casual observer and some which can only be seen through a microscope. Remarkably, even though both sexes share many of the same genes, some of those genes function differently in men and women.
Because it is a scientific fact that biological sex is immutable and there are measurable differences between male and female, it is sometimes appropriate for governments to implement policies that recognize these differences—for example, sex-segregated bathrooms, sex-specific public health guidelines or sex-specific athletic teams.
The Fairness in Women’s Sports Act recognizes the common-sense truth that boys should not play on girls’ teams. That girls should not be deprived of athletic opportunities, victories, and scholarships because they were forced to compete against boys.
Ask any student athlete, high school coach, or parent—allowing biological men to perform in women’s sports unfairly puts women and girls at a competitive disadvantage. The size, strength, bone structure, lung volume, and heart supply of the average male far outpaces most elite female athletes, even after the biological male undergoes hormone therapy.
This legislation doesn’t exclude anyone from sports. Instead, it simply requires that boys compete with boys and girls compete with girls—and that’s something we all should agree on.
Family Policy Alliance® was on the front lines in Idaho—sharing information with legislators, informing the public, and mobilizing concerned citizens. Now, The ACLU and others are threatening Idaho because of their stand for their girls.
Over the years, I’ve noticed that legislative precedent in the Rocky Mountain West influences the State of Wyoming. In Wyoming, we share a long border with Idaho. Many have family there or travel back and forth between the two states. I am asking you to reach out and support Gov. Little for his stand. Call your neighbors in Idaho and let them know that Wyoming supports them in their struggle to protect opportunities for their girls. A stand in support of our neighbors is a stand for Wyoming as well.
Sincerely,
Nathan Winters
Executive Director
Last week I alerted you that the ACLU is suing the State of Idaho over the recently signed Fairness in Women’s Sports Act. The ACLU wants biological boys to be able to play in girls’ high school and college sports – even though the biological differences of boys put girls at a competitive disadvantage.
Many people responded by asking Idaho’s Attorney General to defend this important law.
Now I have fresh news to share with you. The State of Idaho is being sued again, this time over another new law that prevents changes to the sex marker on birth certificates. For those keeping score, that is two lawsuits filed in less than a week, both with the goal of erasing meaningful biological facts.
Lambda Legal, the New York-based LGBT advocacy group that filed the newest lawsuit, claims that people should be allowed to change the sex designation on their birth certificates by choice—even though inaccurate government identification documents make it harder for law enforcement, criminal justice, and public health officials to do their jobs well.
Why is Idaho in the crosshairs of leftist activists? Because the Gem State has made courageous—and first-in-the-nation—progress in pushing back against the radical transgender agenda this legislative session. As they say, the flak gets heaviest over the target—and gender radicalists know these laws will set back the progress they have been making, especially as other states follow the path blazed by Idaho.
Both laws are indispensable to protecting families and women. And I am confident that both laws would not have been enacted without Family Policy Alliance.
We worked closely with the legislative sponsors throughout the process. We mobilized thousands of Idahoans to urge their legislators to support these pieces of legislation. We lobbied legislators who were on the fence. And we made the case that Governor Brad Little should sign these bills into law.
Family Policy Alliance of Idaho was there on the ground, representing your values at the statehouse. Just like we do every legislative session.
But it’s clear that our work is far from over. These lawsuits mean Family Policy Alliance is needed more than ever. Will you partner with Family Policy Alliance in this work with a generous gift today? Your gift—of $25, $50, $100, $250 or more—will advance our values and protect our families, in Idaho and across our nation.
Thank you in advance for your prayers and financial support, which provide the resources to keep up the good fight for you, your family, and your community—just like we’ve been doing in Idaho.
Standing for your family,
Blaine Conzatti
Director of Advocacy – Idaho
Last month, Idaho Governor Brad Little (R) signed into law the Fairness in Women’s Sports Act, which protects the integrity of girls’ sports by limiting participation to biological women.
That momentous victory came after Family Policy Alliance of Idaho shepherded the bill to a veto-proof supermajority in both chambers and to the governor’s desk for a signature. Thousands of you wrote letters encouraging him to sign or thanking him when he signed – your voice was heard!
Despite the overwhelming support for this common-sense and groundbreaking law in Idaho and across the nation, the ACLU threatened that victory by filing a lawsuit against the state. Your voice is needed now to encourage the Idaho Attorney General to vigorously defend the law.
The ACLU wants a federal court to strike down the law and allow boys to compete in girls’ sports – even though this puts girls at a great disadvantage because boys often have greater muscle mass, lung capacity, and bone density than female athletes. When boys compete in girls’ categories, the competition can be over before it even begins.
We need your help to stop the ACLU’s attempt to deny athletic opportunities for girls.
This law is the first of its kind in the nation, so it’s important that we defend it. We need to make sure our daughters are protected and pave the way for other states to adopt similar protections.
Without Fairness in Women’s Sports, even the most talented female athletes will enter sporting competitions knowing that they may lose to a biological male. That’s what happened in Connecticut, where three track stars are suing because they lost out on championships and other opportunities when biological boys (who said they were girls) beat them at a state track meet.
Let’s put an end to that trend – starting in Idaho. Please take 30 seconds to send a message to Idaho’s Attorney General, Lawrence Wasden, and ask him to vigorously defend this law.
When you wrote to Governor Little, your message was loud and clear: Our girls are counting on fair competition. Help us send Attorney General Wasden the same message to protect sports in Idaho and reignite a trend of fair sports nationwide.
Will you join us?
Blaine Conzatti
Advocacy Director
Family Policy Alliance of Idaho
Late yesterday, Gov. Brad Little of Idaho signed into law two measures that are the first of their kind in the nation. Please join us in thanking Gov. Little by sending him a message.
“So God created man in His own image; in the image of God He created him;
male and female He created them” (Genesis 1:27, NKJV).
Friends,
The Bible teaches that God created all of humankind as male and female. These two sexes have physiological, psychological, and anatomical differences—many of which are self-evident even to the casual observer.
Some of these differences are so obvious that they can be visually observed. Some can only be seen through a microscope. Remarkably, even though both sexes share many of the same genes, some of those genes function differently in men and women.
Because it is a scientific fact that biological sex is immutable and there are measurable differences between male and female, it is sometimes appropriate for governments to implement policies that recognize these differences—for example, sex-segregated bathrooms, sex-specific public health guidelines or sex-specific athletic teams.
That’s why I’m so excited to share the progress made this year by the State of Idaho in respecting the real and measurable differences between male and female. The Gem State is leading the way in preserving important sex distinctions that have been indispensable in protecting opportunities and safety for women.
First, consider our Fairness in Women’s Sports Act, which was just signed by Idaho Governor Brad Little. Most Americans believe that boys shouldn’t play in girls’ high school and college sports—a common-sense approach that was legally buttressed with the advent of Title IX in 1972.
Yet that which was once unthinkable is becoming an increasingly common occurrence in school sports around the country. It has gotten so bad that three female high school track runners in Connecticut have sued their state athletic organization because several boys, who say they’re girls, keep winning championships, breaking records, and taking opportunities from hardworking girls.
That’s why the Fairness in Women’s Sports Act, which ensures only biological females can play in girls’ school sports, was so necessary. This brand-new law will help save girls’ sports and preserve athletic opportunities for our daughters!
Second, state lawmakers passed the Idaho Vital Statistics Act, which ensures the accuracy of birth certificates, the most important state vital record.
A few years back, the U.S. District Court of Idaho engaged in a gross act of judicial activism, redefining “sex” as fluid and self-determined, and ultimately overturning state policy that required the “sex” marker on birth certificates match an individual’s biological sex.
The Idaho Vital Statistics Act restores factual accuracy to birth certificates by preventing people from changing their sex marker on their birth certificates.
Without accurate birth certificates, law enforcement officials will have a harder time identifying suspects and victims, and public health officials can’t compile accurate statistics. Furthermore, just imagine the mess that occurs in the criminal justice system and in women’s domestic violence shelters when it becomes impossible to quickly and conclusively determine a person’s biological sex.
Family Policy Alliance of Idaho was on the front lines for both of these bills—sharing information with legislators, informing the public, and mobilizing Idahoans. We worked closely with the legislative sponsors to enact laws that restore common sense in these areas.
Will you join us in thanking Gov. Little? With all of the attacks that he is getting from the ACLU and others, I know he’d appreciate hearing from people around the country who value his actions.
And for everyone who stands with Family Policy Alliance through your prayers, your actions, and your financial support, thank you for making these victories possible—in Idaho and throughout the nation in the days to come.
Sincerely,
Blaine Conzatti
Director of Advocacy
Family Policy Alliance of Idaho