Providing for Congressional Disapproval of the Rule Submitted By the Department of Education Relating to ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance''

Floor Speech

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, pursuant to House Resolution 1341, I call up the joint resolution (H.J. Res. 165) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,'' and ask for its immediate consideration in the House.

The Clerk read the title of the joint resolution.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise today to address the single most important issue for the next generation of daughters soon to enter the world of women's sports.

President Biden issued a final Title IX rule that would effectively end a woman's right to female-only organized athletics. The resolution up for debate today sponsored by the gentlewoman from Illinois (Mrs. Miller) would put a stop to it.

A woman's athletic journey starts at a young age. At the outset, it serves as a vital source of empowerment for young girls. Every young woman remembers gym class and the experience of getting hit with a rogue football or being caught in the middle of a boy-dominated dodge ball dispute. Even from a young age, the inherent value of female-only sports is readily apparent. Young girls grow together, learn from each other, and earn a unique sense of female camaraderie.

Then some women get the chance to carry their talent on to college. Post- secondary athletic opportunities were slim prior to Title IX when I was growing up. However, Title IX came around in 1972 and swung open the doors to college athletics for women who had historically been excluded from such opportunities.

As the first in my family even to graduate high school, I understood the importance of Title IX to women's fight for access to post- secondary education. I immediately saw the law as a means for women to pursue their passion and further their education, just like the boys did. It was a watershed moment.

Title IX ushered in a golden era for women's competition in education. There is sanctity in the community and tradition of these memories and these spaces and these opportunities for young girls. That is why I want to preserve Title IX and ensure the same opportunities for the next generation of daughters.

This is the task today. Congress has the choice before it to either stand with Title IX and the protection of women, or don't. By adding gender identity to Title IX's protected classes, the radical left and the Biden administration will tear down women's sports and eliminate safe and private spaces for girls.

The rule puts a man's perceived feelings of femininity on par with actual womanhood rooted in biological sex. Effectively, it ensures that anyone who says he is a woman can compete in women's sports, shower with women, and go to the bathroom with women.

My womanhood is not a costume, nor is my daughter's or my granddaughter's. I find it offensive that the Biden administration would treat it that way.

By equating perceived sex with biological sex, this rule is at odds with reality. I, along with my Republican colleagues, stand firmly on the side of reality against this onslaught of gender madness. Biological sex exists. It existed when Title IX was first drafted. It still exists today.

Moreover, this isn't just an issue of fiction versus reality. This is an issue of fairness and safety. Men and women are not physiological equals and treating them so is inherently unfair and dangerous.

The Biden administration's rule will strip women and girls of athletic opportunities and put them in danger.

Finally, this rule prohibits female-only spaces, such as locker rooms, bathrooms, and other sex-separated areas. I will stop at nothing to ensure that America's daughters are not put in that situation.

Today, Congress is called upon to vote for young women across America who would have opportunity, safety, and innocence ripped from them by the Biden administration.

We cannot allow that. Therefore, I urge a ``yes'' vote on Representative Miller's resolution, H.J. Res. 165, to stop Biden's Title IX rule.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from Illinois (Mrs. Miller), the vice chairman of the committee and sponsor of this resolution.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from Wisconsin (Mr. Grothman), a member of the Education and the Workforce Committee.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Walberg), a member of the Committee on Education and the Workforce.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield myself such time as I may consume. It is not we who are misleading the American people or scaring the American people. Just read the regulation, which says that schools are not allowed to prevent a person from participating in an education program or activity consistent with the person's gender identity. There are exceptions to the general policy included in the regulations, but athletics are not included among the exceptions.

We are not misleading or lying. The other side is misleading.

It is true the Biden administration has proposed a separate rule on athletics, but it is also true the Biden administration is using that proposed rule to mislead the American people and Congress into thinking athletics aren't affected by the rule this resolution would stop.

Thankfully, the American people can see through the Biden administration's attempts to mislead. We have an opportunity to pass this resolution and protect women's sports.

Madam Speaker, I yield 2 minutes to the gentleman from Utah (Mr. Owens), chair of the Higher Education and Workforce Development Subcommittee.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Good), the chairman of the Subcommittee on Health, Employment, Labor, and Pensions.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentlewoman from Michigan (Mrs. McClain), a member of the Committee on Education and the Workforce.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield an additional 15 seconds to the gentlewoman from Michigan.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Bean), the chairman of the Subcommittee on Early Childhood, Elementary, and Secondary Education.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Moran), a member of the Committee on Education and the Workforce.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Burchett).

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield the gentleman from Tennessee an additional 15 seconds.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 1 minute to the gentlewoman from New York (Ms. Tenney).

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from Colorado (Mr. Lopez), our newest Member in Congress.

BREAK IN TRANSCRIPT

Ms. FOXX. Madam Speaker, I yield myself the balance of my time.

Madam Speaker, we have heard a lot of misleading comments today, as I said earlier--misleading verging on untruths.

The Department isn't following court precedent. In Bostock, the Supreme Court specifically warned against applying its decision in that case to Title IX or any other civil rights law preventing sex discrimination.

In addition, there is currently a split among Federal appeals courts on this issue. In January of last year, the Eleventh Circuit held that a school district's policy requiring people to use the bathroom that corresponds with the student's biological sex is allowed under Title IX.

As I said earlier, we are not misleading or scaring the American people. All people have to do is read this regulation to see that schools are not allowed to prevent a person from participating in an educational program or activity consistent with the person's gender identity. There are exceptions, but athletics are not included. A biological man can announce that he feels like a girl or a woman and go into the bathroom with women and girls if he chooses to do so based on this rule.

In addition, three separate Federal district court judges in three separate cases have already taken action to block the rule from going into effect in the States involved in those cases, which has been alluded to. One judge called the regulation ``an abuse of power.'' The other judge called the regulation ``an attempt by the executive branch to dramatically alter the purpose and meaning of Title IX.''

Madam Speaker, this resolution to overturn President Biden's Title IX rule is a necessary step to keep the spirit of Title IX alive. My colleagues have eloquently talked about that.

H.J. Res. 165 is about fairness, safety, and ensuring that the playing field remains level for everyone. I urge my colleagues to join me in supporting this resolution.

Madam Speaker, I yield back the balance of my time.

BREAK IN TRANSCRIPT

Source