Title IX: In North Carolina, rollout of the rewrite far from clean

(The Center Square) – North Carolina’s law prohibiting boys from girls’ spaces in athletics will combat part of the new Title IX rewrite going into effect Thursday, but certainly not all of it.

In addition to athletics teams, Title IX also applies to financial aid, academic programs, services, vocational education, recreation and housing – just to name a few – at local and state educational agencies and institutions that receive federal financial assistance.

Title IX changes, as proposed by the Biden administration and administered by the U.S. Department of Education, was to go into effect nationwide. However, the long-awaited and highly criticized move is on hold through litigation in 21 states, and at some institutions in other states.

North Carolina isn’t one of the 21, but 33 campuses in the state are impacted by Judge John Broomes' ruling in Kansas. There are 19 colleges and universities and 24 public, private or charter K-12 schools that have students in Young America’s Foundation, Female Athletes United and Moms for Liberty. Broomes’ order says schools with students in those organizations, all of whom sued, are covered in his order.

Title IX was signed into law 52 years ago by President Richard Nixon, a momentous occasion providing, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Those 37 words are yielding to the Education Department's 1,561 pages of rewrite.

In a June 27 roundtable discussion on Capitol Hill , Kentucky 12-time All-American swimmer Riley Gaines said, “They are stripping all sex-based protections for women and girls – robbing women of equal opportunity, privacy, and fairness. Equating 'sex' with 'gender identity' effectively abolishes the original intent of Title IX. This doesn't enforce Title IX, it violates it."

She came to the Legislative Building on Jones Street in Raleigh last summer to advocate state lawmakers’ Fairness in Women’s Sports Act . The legislation overcame a gubernatorial veto to be enacted into law for the 2023-24 academic year.

The new law prohibits public middle and high schools, colleges and universities from allowing males to participate on female sports teams. Before going to the governor’s desk, amendments in the Senate had removed restrictions on women playing on men’s teams, as well as references to collegiate intramural sports.

The judicial order from Kansas includes the following North Carolina higher education institutions : Alamance Community College; Appalachian State University; Belmont Abbey College; Campbell University; Carteret Community College; Davidson County Community College; East Carolina University; Elon University; Gardner-Webb University; Gaston College; Guilford Technical Community College; High Point University; N.C. State University; the University of North Carolina at Chapel Hill; UNC Charlotte; UNC Greensboro; UNC Wilmington; Wake Forest University; and Wake Technical Community College.

The judicial order includes these K-12 schools in the state : Uwharrie Charter Academy in Asheboro; Burlington Christian Academy; Cary Christian School; Chapel Hill High; St. Thomas More Catholic School in Chapel Hill; American Leadership Academy Johnston in Clayton; Surry Early College in Dobson; Berean Baptist Academy in Fayetteville; Greensboro Page High; Surf City Middle; Hendersonville Middle; Hendersonville Elementary; Metrolina Christian Academy in Indian Trail; Moving Mountains Academy in Lewisville; Mount Pleasant High; New Bern High; Croatan High in Newport; Reagan High in Pfafftown; Seaforth High in Pittsboro; North Raleigh Christian Academy; Ligon Magnet Middle in Raleigh; Asheville Christian Academy in Swannanoa; New Hanover High in Wilmington; and Oak Grove High in Winston-Salem.

Five judicial rulings led to the 21 states that will not implement the changes. Louisiana, Mississippi, Montana and Idaho were in the first; Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia were next; then Alaska, Kansas, Utah and Wyoming ; Texas ; and finally, Arkansas, Iowa, Missouri, Nebraska, South Dakota and North Dakota .