Protection of Women and Girls in Sports Act of 2023

Summary

This bill generally prohibits school athletic programs from allowing individuals whose biological sex at birth was male to participate in programs that are for women or girls.

History

This bill is based on flawed assumptions, so while it is a straightforward bill, it requires some historical analysis to assess its validity. The bill is an extension of Title IX, which states:

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.

During the introduction of the amendment by Senator Bayh, it was framed as follows:

The field of education is just one of many areas where differential treatment [between men and women] has been documented but because education provides access to jobs and financial security, discrimination here is doubly destructive for women. Therefore, a strong and comprehensive measure is needed to provide women with solid legal protection from the persistent, pernicious discrimination which is serving to perpetuate second-class citizenship for American women. link

The amendment focused on job and financial security, excluding the context of family and marriage. Title IX assumes that women need to fulfill the same societal role as men to reach their full potential. This view contradicts the biblical account in Genesis, where God creates man and then creates Eve as a “helpmate.” Complementarian commentary suggests that “helpmate” is not a derogatory title, but one that highlights the unique and significant role women have in accomplishing the tasks assigned by God on earth. Men and women have distinct, important roles, and Title IX’s origins seem at odds with this design.

Another significant question is the government’s role in providing education, as “Title IX applies to all aspects of education programs or activities operated by recipients of federal financial assistance.”

If education were viewed as the responsibility of parents, and they chose to partner with schools in their children’s education, educational institutions would face more pressure to align with the parents’ goals and values for their students, regardless of gender. However, since the civil magistrate has taken over the education of our children, they now determine what is deemed good outside the context of the Bible. The current United States government and culture value androgynous uniformity, which contradicts biblical principles.

Given these unbiblical foundations, it is challenging to wholeheartedly support this bill within the context of biblical law. However, assuming these foundations remain unchanged, what does this bill contribute to the current conversation?

HR734 affirms the biblical truth that gender is based on the biological differences assigned by God at birth. By conveying this truth in a truth-averse world, the bill provides clarity. Enforcement of this bill may impose a burden on taxpayers, but since Title IX already does so, little additional change would be required.

Conclusion

In the context of our current public education and Title IX framework, which deviates from biblical principles, this amendment serves as a statement of biblical truth regarding the God-given definition of gender.