Guest post: Source material

Originally a comment by Dave Ricks on The rights of female athletes.

I looked up this source material:

PRESS RELEASE

U.S. Department of Education’s Office for Civil Rights Finds the University of Pennsylvania Has Violated Title IX

APRIL 28, 2025

PRESS RELEASE

U.S. Department of Education Announces the University of Pennsylvania Has Entered into a Resolution Agreement to Resolve its Title IX Violations

JULY 1, 2025

I see 3 things: (1) The words “male” and “female” appear extensively in both press releases, to explain the government case against UPenn in terms of sex discrimination; (2) The phrase “trans” does not appear in either press release; (3) The phrase “gender” appears only once, in the July 1 press release, to cite the Trump Executive Order 14168 (that he signed on his first day back in office, on Jan 20, 2025) about “Gender Ideology Extremism” (in my bolding below):

UPenn has signed OCR’s Resolution Agreement to resolve its Title IX violations, which requires UPenn to undertake the following action items:

• UPenn will restore to female athletes all individual UPenn Division I swimming records, titles, or similar recognitions which were misappropriated by male athletes allowed to compete in female categories;

• UPenn will issue a public statement to the University community stating that it will comply with Title IX, specifying that UPenn will not allow males to compete in female athletic programs or occupy Penn Athletics female intimate facilities;

• The statement will specify that UPenn will adopt biology-based definitions for the words ‘male’ and ‘female’ pursuant to Title IX and consistent with President Trump’s Executive Orders “Defending Women from Gender Ideology Extremism” and “Keeping Men Out of Women’s Sports”;

• UPenn will post the statement in a prominent location on its main website and on each of its websites for women’s athletics;

• UPenn will rescind any guidance which violated Title IX, remove or revise any internal and public-facing statements or documents that are inconsistent with Title IX, and notify all staff and women’s athletics of all such rescissions; and

• UPenn will send a personalized letter of apology to each impacted female swimmer.

My 3 findings above — from the source material — contrast against every news article that I have read about the UPenn case. They all frame the UPenn case in terms of “trans” and “gender” and “transgender” athletes, as if those phrases refer to real things and people. In contrast, the Trump administration sees that “gender ideology” exists — the way I see that Catholicism exists (for example), but I do not use Catholic beliefs in my thinking, or as legal arguments. Trump the man aside, this legal strategy is strong, it is working, and I look forward to seeing more of it.

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