**The following resolution was passed by the SREC during their 3rd Quarter 2022 meeting, held September 24th 2022.
WHEREAS, Title IX of the Education Amendments of 1972 was enacted into law to ensure that “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”; and
WHEREAS, original and existing Title IX regulations acknowledge “physiological differences between the male and female sexes”; and
WHEREAS, on June 23, 2022, the U.S. Department of Education (USDOE) released proposed changes to Title IX regulations that would contradict the plain language of the law; and
WHEREAS, the proposed regulations would prohibit schools that receive federal funds, including public, charter, private, and parochial schools, from “adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity,” thereby compelling schools to deny biological reality; and
WHEREAS, under the proposed rules, actions such as a student or staff member using a child’s legal name and biological pronouns rather than the child-selected preferred name and pronouns could be deemed a form of “sex-based harassment,” subjecting schools and staff to civil litigation and loss of federal funds; and
WHEREAS, the proposed regulations would require that K-12 schools socially transition minor children to a different gender without requiring parental notification or involvement; and
WHEREAS, Texas law, the United States Constitution, and legal precedent recognize the right of parents to direct the education, upbringing, and physical and mental health of their children; and
WHEREAS, under the proposed rules, schools would be required to grant access to sex-separate restroom and locker room facilities based on gender identity rather than on biological sex, which would place girls and women at increased risk for harassment and sexual assault by males who claim a female identity; and
WHEREAS, the USDOE proposed regulations pertaining to athletics would require sports teams to be based on gender identity rather than biological sex, forcing women and girls to compete on an unfair basis against males for athletic opportunities and scholarships; and
WHEREAS, Governor Greg Abbott signed into law the Save Women’s Sports Bill (HB 25) that says the athlete’s sex assigned at birth determines if a student plays in girls or boys sports in high school; and
WHEREAS, in guidance issued May 5, 2022 and in a rule promulgated on June 14, 2022, the U.S. Department of Agriculture announced that it will interpret the prohibition on sex discrimination found in Title IX and the Food and Nutrition Act of 2008 to include discrimination based on gender identity; and
WHEREAS, Texas public schools, nonprofit private schools, and residential childcare institutions could now be forced to choose between adopting gender identity policies or foregoing federal funding to provide subsidized free or reduced-price; now
THEREFORE, BE IT RESOLVED that the Republican Party of Texas declares its unequivocal opposition to the proposed regulatory changes released by the U.S. Department of Education on June 23, 2022; and
BE IT FURTHER RESOLVED that the Republican Party of Texas supports the lawsuit filed by Texas Attorney General Ken Paxton and 21 other state Attorneys General seeking to invalidate the newly enacted Department of Agriculture rules that tie continued receipt of federal nutritional assistance and other funding subject to Title IX to the adoption of gender identity policies; and
BE IT FURTHER RESOLVED that the State Republican Executive Committee directs the Chairman to issue a press release notifying the public, media, and Texas Congressional members of this resolution upon its passage.