There are myriad reasons conservatives lose so many battles in the culture wars. Among them are the hunger for approval, the desire to find a middle way, ignorance on the issues, lack of backbone. We should not overlook, however, our propensity to miss the forest for the trees, our dandelion lopping failure to get to the root of the issue.
Consider the recent outrage over President Biden’s executive orders bringing the sexually confused under the protection of Title IX legislation. Among other things Title IX came into being a generation ago to ensure “fairness” to women at universities and colleges across the country. It sought to ensure that women’s collegiate athletics received as much institutional support at a given school as men’s collegiate athletics. Now it is being used to require schools to open up their women’s athletics programs to men. Cowardly, unmanly and confused men to be sure, but men nonetheless.
As is to be expected, since there are votes to be won among the sane middle, conservative heroes donned their armor and have gone out to meet this dragon in battle. Texas Governor Greg Abbott has led the charge. Five states have already begun the process of filing suit against the federal government. For which I give two cheers.
Why not three? I’m aghast and appalled at the notion of men competing against women. I reject trans ideology, along with every letter and symbol wrapped in the rainbow flag. I also, however, reject the unconstitutional notion that the federal government has any right to say anything to anyone about education. The 10th Amendment from the Bill of Rights explicitly states that if the Constitution doesn’t explicitly grant the federal government jurisdiction over something then it has no jurisdiction. What does the Constitution say the role of the federal government is with respect to education, college education, college athletics, or competitors in college athletics? The same thing war is good for, absolutely nothing. Huh.
The issue isn’t what rules Title IX adopts under this president or that. The issue is Title IX. If Title IX forbad a college from allowing men to compete against women it would still be wrong. It’s simply none of their business.
Wait, you say. I’ve left something out of the equation. Title IX only applies to colleges and universities that take federal funds. Yeah, well, what about that? Doesn’t that give them jurisdiction? I’m so glad you asked. Let me remind you of something you may have forgotten since two paragraphs ago- the 10th Amendment. The federal government, violating the Constitution by writing checks to colleges, is not now exempt from the Constitution’s prohibition against intrusion into college athletics. Biden’s rules are out of line because Title IX is out of line. Federal subsidies change nothing because, you guessed it, federal subsidies are out of line.
When my alma mater, Grove City College, refused to affirm its compliance with Title IX back in the 1980s, the feds took our case all the way to the Supreme Court. There Grove City emerged victorious on 10th Amendment grounds. We refused to king’s money and were thus free of his dictates. In the end who controls the government is far less important that what the government controls.
I give this post three cheers and four Amen’s.
Ah! Thank you brother.