Supreme Court nominee Ketanji Brown Jackson declined to even define "woman" in her confirmation hearings last week. Her insistence that, because she was not a biologist, she was incapable of distinguishing between a male and a female makes one wonder how Judge Jackson will be able to make rulings about the hundreds of laws that acknowledge the differences between male and female—and specifically those meant to protect women.One such civil rights law is Title IX, which requires equality of educational benefits and opportunities for students, including in athletics, on the basis of sex—as defined in the difference between male and female.
This federal law extends to any school receiving federal financial assistance, including public K-12 schools and almost every college and university in America.Last week, University of Pennsylvania swimmer Lia Thomas (formerly Will Thomas) competed and won against accomplished, deserving young women at the NCAA Division I swim championships.
Concerned Women for America (CWA) filed a civil rights complaint with the U.S. Department of Education on behalf of these women against the university.
UPenn is violating federal civil rights law under Title IX by allowing a biological male to take a spot and compete in women's sports.After a half century of legal protection under Title IX, women are being pushed aside, again.