Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today to speak in strong opposition to H.J. Res. 165, a Congressional Review Act resolution to repeal the Biden- Harris…
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to speak in strong opposition to H.J. Res. 165, a Congressional Review Act resolution to repeal the Biden- Harris administration's Title IX rule.
The administration's final Title IX rule does three things. First, it safeguards against all forms of sex-based harassment and discrimination by making several improvements to the 2020 Trump administration's Title IX rule. These include requiring schools to take prompt and effective acts to address sexual harassment as opposed to the lax Trump standard that a school's response just not be deliberately indifferent.
The new rule places the duty to report possible discrimination on more employees, in contrast to the old rule, which only required some employees to report when they had actual, not possible, knowledge of sexual discrimination or assault, and it recognizes that discrimination based on sex includes discrimination based on sexual orientation and gender identity following Supreme Court precedent.
Second, the Title IX rule promotes accountability and fairness in how schools respond to and discipline sex-based discrimination by mandating that schools handle complaints in a timely manner and implement a fair and transparent process.
Finally, this rule empowers students and families to exercise their rights under Title IX. The administration's Title IX rule explicitly protects sexual assault survivors and people affected by discrimination from retaliation for seeking to have their Title IX rights enforced.
Further, the rule guarantees access to supportive services for survivors of sexual assault and accused individuals and, despite what my colleagues repeatedly claim--I thought I was in the wrong debate for a minute--this rule does not address students' participation in sports.
This false narrative follows the many attacks against the LGBTQI+ community in this House and State legislatures across the country. We have had more than 60 anti-LGBTQI+ votes on the House floor this Congress, and it is a distraction to claim that this rule harms women in sports.
For example, the Department has not issued a separate proposed rule to address athletics. They are working on it, but it has not been finalized. That is not the debate we are having today.
Let me be clear: Trans girls like all girls deserve the opportunity to participate on school sports teams, but my colleagues across the aisle keep talking about athletics because they don't want to admit the truth behind this resolution. The resolution is an attempt to undermine nondiscrimination protections for LGBTQI+ students. LGBTQI students, including trans students, deserve to go to school free from discrimination, and that is what this rule is about.
It is not about bathrooms. In fact, the real risk of violence occurs when transgender people are barred from using the appropriate facility. Transgender people experience shockingly high rates of sexual and physical violence and are much more likely to be a victim than a perpetrator.
I am also extremely concerned about the false narrative that my colleagues have invented to portray trans individuals as criminals attempting to enter restrooms to harm others. That is not supported by evidence or data.
Transgender people want the same thing everyone else wants: safety, comfort, and privacy. We must work to protect the transgender community from discrimination and stop the false narratives that exacerbate and encourage prejudice against innocent people.
This bill is particularly extreme because passing it would prevent any substantially similar rule from being enacted on these issues in the future. Voting for this bill would prohibit protections for sexual assault survivors and protections against discrimination on the basis of sexual orientation or gender identity in schools that receive Federal funding.
If Republicans truly cared about protecting women and children, they would stop this prejudiced rhetoric and take action on bills that would actually protect women from discrimination and harassment and defend women's reproductive healthcare, make childcare more affordable, and preserve opportunities in workplaces for all parents, especially women.
Instead, this joint resolution is another attempt to undercut this administration's efforts to empower survivors and protect all Americans from discrimination.
I do want to note that this is another plank in the extremist Project 2025 takeover of government that will sanction discrimination and strip Americans of their rights and freedoms. That is on page 333 if you are looking for it.
I also note that yesterday my Republican colleagues were supporting dignity for dishwashers. I implore all of you to show some dignity to the LGBTQI students who just want to go to school and learn free from discrimination. Show some dignity to the girls and women who survive sexual assault and deserve justice.
Madam Speaker, for these reasons and others, I encourage all of my colleagues to vote ``no,'' and I reserve the balance of my time.
Madam Speaker, I will note that the Bostock case did not expressly rule, but they did not say it does not apply. The issue is not before them, and that is why several courts have actually extended the ruling from Bostock to other civil rights laws.
Madam Speaker, I yield 2 minutes to the gentlewoman from Hawaii (Ms. Tokuda).
Madam Speaker, I yield an additional 20 seconds to the gentlewoman from Hawaii.
Madam Speaker, in making these important decisions, it is important to rely on experts like child psychiatrists and pediatricians.
I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms. Jayapal), my colleague from the Education and the Workforce Committee.
Madam Speaker, before yielding to Mr. Takano, I reiterate that this rule is not about athletics. There is a separate rule being drafted about addressing athletics. This is not it.
Also, I am concerned about the scare tactics that are being used. Studies show that allowing trans people to use facilities consistent with their gender identity does not result in increased safety risks. Nondiscrimination laws do not allow men to go into women's bathrooms, period. The claim that allowing transgender people to use facilities that match the gender they live every day allows men into women's bathrooms or women into men's bathrooms is based on a flawed understanding of what it means to be a transgender person or a misrepresentation of the law. The real risk occurs when transgender people are barred from using the appropriate facilities.
Madam Speaker, I yield 2\1/2\ minutes to the gentleman from California (Mr. Takano), my colleague from the Education and the Workforce Committee.
Madam Speaker, I yield 2\1/2\ minutes to the gentleman from Virginia (Mr. Scott), the ranking member of the full committee.
Madam Speaker, I yield myself such time as I may consume.
I just want to point out that it is definitely not the first time that the definition of discrimination based on sex included sexual orientation and gender identity, because Trump-appointed Justice Neil Gorsuch did exactly that in the Bostock v. Clayton County case.
I also note that in this resolution, they are saying it is going to hurt girls and women. It absolutely will not. It is going to strengthen protections for girls and women because it ensures colleges and universities properly address sexual violence, violence that disproportionately impacts girls and women. The rule clarifies protections for pregnant and parenting students, and the rule explicitly clarifies protections for the LGBTQI community, including lesbian, bisexual, and transgender girls and women.
As Representative Jayapal said, these rules and protections have been in effect in many States, and the sky is not falling. People are free from discrimination in those places.
Republicans are just repeating the lie that they are standing up for women to hide from the radical antiwomen agenda. You don't have to take our word for it. Leading gender justice organizations, like the National Women's Law Center, the American Association of University Women, and Girls Inc., all oppose this resolution to repeal the Title IX rule. That is why these groups, and more than 100 organizations working to advance gender justice, LGBTQI rights, civil rights, and student rights have written to Congress urging us to oppose this resolution.
Madam Speaker, I include in the Record a letter from the Coalition of Gender Justice, LGBTQI+ rights, civil rights, and student rights groups, opposing H.J. Res. 165.
June 13, 2024.
Re Coalition of Gender Justice, LGBTQI+ Rights, Civil Rights,
and Student Rights Groups Urges Members to Oppose H.J.
Res. 165
Dear Member of Congress: The undersigned organizations who
work to advance gender justice, LGBTQI+ rights, civil rights,
and student rights urge you to oppose H.J. Res. 165, and its
companion legislation in the Senate, which would undo the
U.S. Department of Education's recently published final rule
that strengthens Title IX's protections against sex-based
discrimination in federally funded schools. Not only would
H.J. Res. 165 overturn the entirety of the protections set
out in the rule, it would prevent any future effort to
reinstate any of these protections. This effort must be
rejected, as the U.S. Department of Education's recently
finalized rule reinforces and restores Title IX's
protections, ensuring that every student has the right to a
safe and welcoming learning environment, free from sex
discrimination, including LGBTQI+ students, survivors of
sexual assault and other sex-based harassment, and pregnant
and parenting students.
The updates clarify that Title IX protects against
discrimination on the basis of sexual orientation and gender
identity. With a staggering 83% of LGBTQI+ youth reporting in
school victimization--and 62% of those who have faced
victimization never reporting an incident to school staff--
the Title IX updates will clarify remedies for students
facing all types of sex-based harassment and hold school
officials accountable for fostering safer school
environments. This regulatory clarification ensures that
LGBTQI+ youth will be able to equally participate in
educational opportunities, from being able to attend prom
with a date of their choice and wearing clothes that reflect
their gender expression to using a restroom that corresponds
with their gender identity.
We collectively reject the false narrative that equal
educational opportunity for transgender and non-binary
students undermines protections for cisgender girls and
women. Transgender women are women and transgender girls are
girls who deserve the full protection of federal civil rights
law. Policies that seek to undermine protections for
transgender women and girls--whether in accessing school
restrooms or playing sports--harm all women and girls by
allowing them to be subjected to unwarranted and
inappropriate scrutiny. This scrutiny also falls particularly
hard on women and girls of color who do not follow white
standards of womanhood, and any cisgender woman or girl who
fails to conform to sex-based stereotypes of femininity
because of how they look or act. Further, schools across the
country have had gender identity nondiscrimination policies
in place for years without any issue, and comprehensive
nondiscrimination policies that explicitly enumerate gender
identity are associated with safer school environments that
result in lower rates of discrimination. Such policies are
especially critical for sex-separated spaces such as
bathrooms and locker rooms. Transgender and nonbinary
students avoid sex-separated spaces at higher rates than
their LGBQ+ peers, and delayed use of bathrooms can result in
adverse impacts on a youth's physical and physiological
state, mental health, and academic success and attention at
school. Forcing transgender and nonbinary students into sex-
separated spaces that are inconsistent with their gender
identity may result in increased risk of bullying and
physical harassment. In fact, survivor-led organizations and
anti-sexual assault and domestic violence organizations
support full and equal access for transgender people to use
restrooms and locker rooms that align with their gender
identity.
Additionally, the Title IX rule reverses the Trump
administration's 2020 Title IX rule that significantly
weakened protections for student survivors seeking help in
the wake of their victimization and incentivize schools to
further sweep sexual harassment and assault under the rug.
Undoing the 2020 Title IX rule brings justice to survivors by
ensuring they are not denied their right to educational
opportunities in the wake of sexual assault or harassment.
The updates to the Title IX rule no longer allow schools to
ignore many reports of sexual assault and remove unfair
hurdles uniquely faced by student survivors in their schools'
investigations--hurdles that students and employees
complaining about any other type of misconduct do not have to
experience.
Lastly, the updates to the Title IX rule provide greater
clarity on pregnant and parenting students' rights, including
affirmative steps schools must take to ensure those students
are aware of their rights. Schools must provide reasonable
accommodations, such as the ability to take breaks and access
to a sanitary and private lactation room. According to the
CDC, roughly 50% of teenagers who become pregnant and give
birth withdraw from school and do not receive their high
school diplomas by age 22. Research indicates that
discrimination plays a major role in students having to
withdraw early from school, despite pregnant and parenting
students earning higher GPAs than their non-parenting peers.
These Title IX rule clarifications are much-needed to ensure
pregnant and parenting students have a right to equal
education opportunities.
Every student deserves to have an education free from
discrimination and harassment, including on the basis of sex.
We urge you to oppose H. Res. 165, and any efforts to
undermine this milestone rule that ensures equal educational
opportunity for LGBTQI+ students, survivors of sexual assault
and harassment, and pregnant and parenting students.
Sincerely,
A Better Balance, AFT, All* Above All, Alliance for Girls,
American Association of University Women, American Atheists,
American Humanist Association, American Psychological
Association, Arab American Institute (AAI), Ascend, Athlete
Ally, Autistic Self Advocacy Network, CA LGBTQ Health and
Human Services Network, Center for WorkLife Law, CenterLink:
The Community of LGBTQ Centers, Chicago Alliance Against
Sexual Exploitation (CAASE), Clearinghouse on Women's Issues,
Clery Center, Colorado Teen Parent Collaborative, Doctors for
America.
EdTrust, Education Law Center, Education Law Center
Pennsylvania, End Rape On Campus, Equal Rights Advocates,
Equality California, ERA Coalition, Esperanza United, Family
Equality, Feminist Majority Foundation, Generation Hope,
Girls Inc., GLAAD, GLSEN, Guttmacher Institute, Healthy Teen
Network, Human Rights Campaign, Human Rights First,
Immigration Equality, Institute for Women's Policy Research.
interACT: Advocates for Intersex Youth, Ipas, It's On Us,
Japanese American Citizens League, Jewish Women
International, Just Solutions, Justice and Joy National
Collaborative (formerly National Crittenton), Know Your IX,
Advocates for Youth, Legal Momentum, The Women's Legal
Defense and Education Fund, Los Angeles LGBT Center,
MomsRising, Monsoon Asians & Pacific Islanders in Solidarity,
Movement Advancement Project, Mujeres Latinas en Accion,
National Asian Pacific American Women's Forum, National
Association of Councils on Developmental Disabilities,
National Association of Social Workers, National Center for
Lesbian Rights, National Center for Parent Leadership,
Advocacy, and Community Empowerment (National PLACE),
National Council of Jewish Women.
National Education Association, National Latina Institute
for Reproductive Justice, National LGBTQI+ Cancer Network,
National Organization for Women, National Women's Law Center,
National Women's Political Caucus, Network for Victim
Recovery of DC (NVRDC), Nevada Coalition to End Domestic and
Sexual Violence, PFLAG National, Population Institute, Public
Justice, Reproductive Freedom for All (formerly NARAL Pro-
Choice America), Rocky Mountain Victim Law Center, Sexual
Violence Prevention Association (SVPA), Silver State
Equality-Nevada, Stop Sexual Assault in Schools,
Supermajority, Tahirih Justice Center, The Trevor Project,
Trans Empowerment Project.
Trans Formations Project, Transgender Law Center, Ujima,
The National Center on Violence Against Women in the Black
Community, UltraViolet, Victim Rights Law Center,
VOICEINSPORT Foundation, Women's March, Women's Sports
Foundation, YWCA USA.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself such time as I may consume.
I just want to note that there are so many groups, domestic violence and sexual assault organizations, such as the National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, that have all signed onto a national consensus statement of anti-sexual assault and domestic violence in support of full and equal access for the transgender community.
They noted: Nondiscrimination laws do not allow men to go into women's restrooms or locker rooms, period. The claim that allowing transgender people to use the facilities that match the gender they live every day, that it allows men into women's bathrooms or women into men's, is based on a flawed understanding of what it means to be transgender.
I will note that out of approximately 110,000 collegiate athletes, there are approximately 35 who identify as transgender.
Nondiscrimination laws protecting transgender people have existed for a long time. In some cases, these protections have been in place for decades. The laws have protected people from discrimination without creating harm. None of those jurisdictions have seen a rise in sexual violence or other public safety issues due to nondiscrimination laws.
Assaulting another person in a restroom or a changing room or a locker room is against the law in every State, including under this rule.
I include in the Record a letter from the National Task Force to End Sexual and Domestic Violence Against Women in opposition to this resolution and in support of full and equal access for the transgender community.
National Task Force to End Sexual and Domestic Violence
Against Women,
April 21, 2016.
Madam Speaker, I yield myself such time as I may consume.
I just want to respond to ``the natural laws of this world.'' It is not a new concept. There are two-spirit people in Native-American culture. There are hijra people in South Asia and many more in Judaism. For example, the Talmud, the sacred text, lists six genders. The sky is not falling.
I also note that the gentleman referred to redefining ``sex'' to include sexual orientation and gender identity as some sort of novel or woke concept. I suggest you take that up with the Trump-appointed Justice Neil Gorsuch because he wrote the opinion making clear that sex discrimination includes discrimination based on sexual orientation and gender identity.
I include in the Record letters from the American Library Association, the National Education Association, and the Consortium for Constituents with Disabilities. These three letters are all in opposition to H.J. Res. 165.
ALA American Library Association,
June 11, 2024.
Re H.J.Res. 165, Title IX rule disapproval--OPPOSE
Hon. Virginia Foxx,
Chairwoman, Committee on Education and the Workforce, US
House of Representatives.
Hon. Robert C. ``Bobby'' Scott,
Ranking Member, Committee on Education and the Workforce, US
House of Representatives.
Dear Chairwoman Foxx and Ranking Member Scott: On behalf of
the American Library Association (ALA), I write to
respectfully oppose 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.' ''
The Department of Education's Title IX rule, issued April
29, 2024, applies the Supreme Court's ruling in Bostock v.
Clayton County, 590 U.S. 644 (2020), to codify that Title IX
prohibits discrimination on the basis of sexual orientation
or gender identity. By doing so, the rule clarifies that
recipients of Education Department funding may not
discriminate against LGBTQI+ library workers or students in
employment opportunities or the delivery of library services
(e.g., removal of library materials in a discriminatory
manner).
All Americans deserve equal opportunity in education,
employment, and the freedom to read. We urge Congress to
defend the rights of students and library workers by
rejecting H.J.Res. 165. If we can provide more information,
please contact Gavin Baker (gbaker@alawash.org).
Sincerely,
Alan S. Inouye, Ph.D., Senior Director, Public Policy &
Government Relations and Interim Associate Executive
Director, American Library Association.
Madam Speaker, I continue to reserve the balance of my time.
Madam Speaker, how much time do I have remaining.
Madam Speaker, I yield myself such time as I may consume.
I want to note in the big picture as we consider this conversation today, LGBTQ youth and trans youth are more likely to have experienced sexual violence than their straight counterparts.
Further, nearly 59 percent of LGBTQI+ students report experiencing discriminatory policies and practices at school, particularly those targeting students' gender and limiting their ability to participate in activities consistent with their gender identity.
Madam Speaker, 62 percent of LGBTQ students who were harassed or assaulted at school did not report the incident because they don't feel safe. This is creating hostile environments that are leading to adverse outcomes for LGBTQ students.
The report that I mentioned found that students who experienced discrimination and higher levels of victimization have higher dropout rates, lower academic performance, and increased mental health issues such as anxiety, depression, and suicidal ideation.
Madam Speaker, 68 percent of the students reported feeling unsafe at school because of their sexual orientation, gender identity, and/or gender expression.
We should not be creating this hostile school climate that is making students feel unsafe because of who they are.
I want to again encourage my colleagues to think about the message that this is sending to students, that they do not belong, that they are not safe in their schools. This is the Education and the Workforce Committee. We should be making students feel safe, not making them feel threatened.
Madam Speaker, I continue to reserve the balance of my time.
Madam Speaker, I yield myself the balance of my time for the purpose of closing.
The Biden-Harris administration's Title IX rule is a necessary step in protecting all Americans from sex-based harassment and discrimination. It would uplift and empower survivors while holding schools accountable for their handling of these sensitive cases.
This Congressional Review Act that Republicans have put forward undermines the rights of survivors of sexual assault and advances a baseless, prejudiced narrative against LGBTQI+, especially transgender, individuals.
I am incredibly frustrated that Republicans are spending time obsessing over what bathroom is used instead of addressing the real problems faced by women and children.
I also include in the Record, Madam Speaker, a Statement of Administrative Policy providing for congressional disapproval under chapter 8 of title 5 of the United States Code. If this President were presented with H.J. Res. 165, he would veto it, and for good reason because this bill takes us back.
Statement of Administration Policy
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
The Administration strongly opposes H.J. Res. 165, which
would disapprove the Department of Education's rule, under
Title IX of the Education Amendments of 1972, to restore and
strengthen vital nondiscrimination protections for students,
employees, and applicants in federally funded education
programs and activities.
Since Title IX was signed into law more than 50 years ago,
it has opened doors for generations of women and girls and
increased access to educational opportunities for millions of
students. Despite this progress, rates of sexual harassment
and assault in our nation's schools and colleges remain
unacceptably high. Many women see their education derailed
because of pregnancy discrimination. And many LGBTQI+
students face bullying and harassment just because of who
they are.
The Department's rule is critical to ensuring that no
person experiences sex discrimination at school. The rule
provides protection from sex-based harassment, including
sexual violence; promotes accountability and fundamental
fairness through a fair, transparent, and reliable process;
and ensures that students, employees, and families understand
their rights and that institutions know their
responsibilities. The rule also advances educational equity
by requiring schools that have knowledge of possible sex
discrimination in their education programs or activities to
take prompt and effective action to end the sex
discrimination, prevent its recurrence, and remedy its
effects. Passage of H.J. Res. 165 would eliminate these
critical protections that keep students safe and able to
realize their full potential.
The promise of Title IX--an education free from sex
discrimination--remains as vital now as it was when the law
was enacted. The Administration will continue to fight
tirelessly to realize this promise and achieve equal
opportunity for all students and all Americans.
If the President were presented with H.J. Res. 165, he
would veto it.
We have made progress in making every student feel safe and be safe in schools.
I once again encourage my colleagues to vote ``no'' on this harmful and extreme joint resolution for the sake of women, the LGBTQI community, and survivors across the Nation.
Again, Madam Speaker, yesterday we were talking about dignity for dishwashers. Please show some dignity for people who are being discriminated against because of who they are and who they love.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.