Title IX, first passed in 1972, prohibits discrimination on the basis of sex—including sex-based harassment and bullying, as well as sexual assault—in schools that receive federal funding.

In our Title IX fallacy alert, we explained that Michigan school board meetings are being overwhelmed by “concerned” community members and "parental rights" advocates about the fallacy that the 2024 Title IX updates encourage boys to enter girls’ bathrooms and locker rooms. Many of those speaking do not have children in schools. In one district, public comments were given by a Moms for Liberty-backed school board member from an adjacent district who encouraged the board to "do the right thing" by breaking the law and declining to make Title IX updates.

We explained that Michigan's Civil Rights laws were amended in 2023 to protect pregnant, nursing, and LGBTQIA+ individuals, which led most school districts to establish bathroom and locker room policies. There have been no issues reported in the state or country involving transgender people harming others in bathrooms.

The key takeaways are that the 2024 Title IX regulations now match Michigan's Civil Rights Laws because they add protections for pregnant students and teachers and LGBTQ+ students and teachers. Read the comparison between 2020 and 2024 Title IX. The most significant change for Michigan schools and students is shifting Title IX harassment protections from the accused to the victim.

Let's dig a bit deeper to uncover why Parental Rights groups are so upset about strengthening protections for victims (which includes their girls in the bathrooms).

Title IX "Stifles The Freedom" to Speak Out About Marginalized Students

As more holes compromise the integrity of the bathroom concern in states like ours, which have Civil Rights laws pre-dating the Title IX updates, the story is turning into a “First Amendment” issue.

Moms for Liberty and Young America’s Foundation members are protesting and legally fighting for their students' rights to bully others at school. To be more explicit, these advocates are saying they would like to sacrifice increased protections from sexual harassment for their daughters (all children) because they find greater value in preserving the right to protect their children's freedom of speech to bully LGBTQ+ students.

Remember that any private religious schools that receive federal funding (vouchers) must follow Title IX. They want to be able to refuse enrollment/applications from LGBTQ+ students because they are LGBTQ+ students (or to bully them out if it's discovered they have an LGBTQ+ household). If any public school families and Moms for Liberty members are speaking against Title IX, this also means they are fighting harder to protect the ability for religious private schools to discriminate and for vouchers to be approved than they are fighting to enhance the safety of their public school students. 

We're not using the word "bully" lightly. The State of Michigan reminds us that "bullying is more than disagreements, differences of opinion, or conflicts that occur between friends and classmates. Bullying is serious and is defined as repeated, unwanted, aggressive behavior with an observed or perceived power imbalance."

Morally disagreeing with another's identity or way of dressing is anyone's right, and nobody disputes that. Same with having a difference of opinion. We're talking about parents fighting for the right to maintain harassment that is "so severe or pervasive" in a school building or digital platform that it affects someone's ability to participate in school. There's a common-sense difference between a student asking for help to navigate concerns about bathrooms because of their religious beliefs and comments or actions that would be remotely perceived as harassment to a degree that limits another's ability to participate in a school program or activity.

2020 Title IX Definition

• Schools must address sexual harassment if it is so “severe” and “pervasive” that it “effectively denies” a person equal access to a school program or activity.

2024 Title IX Definition

• Schools must address sex-based harassment if it is so “severe or pervasive” that it “denies or limits” a person’s ability to participate in a school program or activity. 

Here, we have the Title IX page on the Moms' website. In their Frequently Asked Questions section, they ask;

• Why did the [Trump-appointed] District Court find the Biden Administration's Title IX rewrite violated the rights of Moms for Liberty members?
• Answer: In its preliminary injunction opinion, the district court found the Title IX rewrite violates Moms for Liberty members’ children’s First Amendment rights because it is so vague and overbroad that no one knows how to comply with it.

Really? This explains why Moms for Liberty was named an "extremist" group (NPR).

Here's an excerpt from a Michigan Moms for Liberty member's social media post encouraging everyone to add their kids' schools to a list the club is submitting to the court in hopes they will be exempt:

"If you are a parent who does not like the idea of your children being silenced or threatened with punishment for speaking against the grain in topics related to sex, sexual orientation, and gender identity in school and/or for refusing to play the LGBTQ game of "pretend"... PLEASE be sure you are a member of Moms for Liberty in order to protect your children's school."

As the group's legal team put it, "They want to continue engaging with their classmates on these topics and hosting speakers to discuss [sic] these topics. They fear that under the new rule, they cannot continue their speech activities because they will be reported for harassment."  The lawyer's description sounds more like they want to be able to walk into a school with unprompted/unsolicited campaigns against LGBTQ+ students, which doesn't quite align with their asks for neutrality.

This is classic Parental Rights group/Moms for Liberty wordsmithing to position themselves as victims for having religious beliefs in public schools. The sad reality after reviewing language and definitions underscores intolerance as opposed to youthful innocence.

Helping Families Navigate Legitimate Questions About Sensitive Title IX Topics

There will undoubtedly be muddy areas the community will need to collaborate on and discuss together. When sharing the initial fallacy alert, a community member reached out with an honest question, and we're grateful for the opportunity to learn more about scenarios that raise questions about Title IX's impact and engage in productive dialogue. In the example shared, a group of male high school students were uncomfortable with comments made by an LGBTQ+ student about their own body parts while they shared a theater production dressing room. The boys were afraid to report the situation for fear of being labeled bullies.

It doesn't sound like they relayed their concerns about the inappropriate comments to the student directly or to their faculty, but the topic went through the community. This is a unique, un-verified situation, but let's unpack this using Title IX:

• First, any student making inappropriate comments about body parts is problematic. This applies to straight students and LGBTQ+ students.
• It can be intimidating and embarrassing to discuss these types of situations with a teacher. However, any student experiencing inappropriate comments or behavior should report the comments to an adult. We are not educators here at MI School Scoop, but as adults and parents, it is entirely appropriate to report uncomfortable comments to the respective adult/faculty in charge, or perhaps a parent could place a call. It doesn't seem like anyone would consider a situation like this to be bullying by the boys, let alone harassment.
• Conversely, the Title IX definition might show a violation by the student making the comments. Yet, the push to keep 2020 Title IX regulations in place makes the burden harder for all students.

"Parental Rights" Appears to Be Code for Ignoring Civil Rights

Moms for Liberty was born out of the manufactured CRT (critical race theory) panic in 2020/2021 (intentionally made up by Christopher Rufo), which, after being debunked, has evolved into attacks against "woke" DEI. Notice how the broad topic of DEI isn't too "overbroad" for the Moms. They believe they've nailed it. They intentionally set aside all of the ways equity and inclusion support special education students and other learners we need to better serve for educational success in Michigan. To Parental Rights groups, DEI very clearly means Black or diverse groups.

A small handful of other equity examples include:

• Students in wheelchairs having access to transportation, physical education class, or playground equipment
• Students with non-verbal learning disorders or who are deaf or blind/low vision 
• Students on 504 or IEP plans
• Students who need access to technology they may not have at home
• Inequitable funding, based on Proposal A, which requires districts to pass bonds and millages with voters for facilities and operations (and not all districts succeed). Some Michigan schools are forced to close during extreme heat.

Notably, Moms for Liberty believes:

• The widely debunked myth that vaccines cause autism (Mayo Clinic), which is now driving Measles outbreaks (CBS)
• A better diet will solve all of these problems
• Students with autism, Down syndrome, and who are LGBTQ+ should be segregated away from general classrooms

According to the Moms' website, CRT is still very much the primary worry, along with perceptions of Marxism. Revisit our Truths timeline, and this shouldn't be terribly surprising. Similarly, they blame Boeing airplane issues on DEI (read: Black) people and are replacing some textbooks with lessons that position slavery as a rewarding Black job.

It's juicy to shout about "woke" schools. Woke is a phrase taken from African Americans to turn around and use to mock them. The phrase first surfaced in the 1940s and was used by African Americans to “literally mean becoming woken up or sensitized to issues of justice," like the murder of Emmett Till. (NAACP)

In Conclusion, The Parental Rights Fight is A Big Lie 

In their own words, Moms for Liberty has explicitly outlined their threatening (legal) demands for their "Parental Rights" to:

• Excuse/permit the bullying of LGBTQ+ students in school to such a degree that they are worried their children will actually risk a Title IX violation with bullying so severe and pervasive that it affects the participation or access of another student to programs and activities. Where these kids should draw the line feels "overbroad."
• Disregard the overbroadness of equity or DEI and interpret this as a call to become a "joyful warrior and devoted patriot dedicated to fighting for the survival of America." They advocate placing special education and LGBTQ+ students in segregated classrooms and dishonestly promote the use of "student opportunity scholarships" and voucher programs to encourage "low-income, underprivileged and 'special needs'" students to leave their public schools to attend for-profit charters, which don't typically have the resources and later boot the students. (Michigan Daily)

Michigan schools, educators, administrators, students, and families have endured disingenuous disruption tactics for over four years. We were led to believe that the concern over "parental rights" was about fighting for kids' school success or legitimate concerns, like reliable transportation.

As we peel back these layers, they prove that there is no end or bottom to the darkness of the attacks. By now, it's widely recognized that Moms for Liberty and related groups speak in code. It's becoming clear that the use of words like "protection," "warrior," "survival," and "patriots" are pointing to a battle to protect a very narrow set of "rights" that don't quite mesh with the rights public schools must honor in this country. These groups constantly demand a "voice" and for schools to embrace diverse perspectives. Trust that the voices have been heard loud and clear.

Our schools are responsible for following laws that include Civil Rights - and therein lies their problem with public education.

How to Help

• As you see individuals in the community boasting their Moms for Liberty or local parental rights group affiliations, share what we know:
• "This is a documented or copycat hate group explicitly fighting for the right to allow students to bully others so severely and pervasively that they affect those students' abilities to participate in school programs and activities. They are also fighting to protect the accused and make it harder for all of our students to be protected from harassment at school. They want schools to break Civil Rights laws to give themselves and their kids the Freedom of Speech not simply to have diversity of thought but to bully others to the point of shutting them out. These are their own words from their website. Their platform and tactics are not rooted in Parental Rights, but rather in the right to actively work against Civil Rights and public education in Michigan by whatever means necessary. We cannot indulge this harmful ideology anymore. We must celebrate honesty and pro-public education candidates. "  (CRT) (Title IX page)
• Beyond pointing out these truths, share the platforms, specific plans, and recommendations of others who demonstrate experience and expertise. Remember that tearing others down and complaining is not a complete strategy. What strengths and skills do others bring to the table?
• Speak in support of schools and students who do not have as loud a voice as detractors do. They never back down and intentionally create miserable experiences for students, educators, and staff. The mission, however they chose to accept it, is to make public schools obsolete.
• Share facts, such as how the old Title IX regulations create fewer protections for all students, even though we are only hearing the most sensational talking points. (Comparison chart)
• Uncover examples of ways schools are allowed and able to protect their people and resources from the constant flow of disruption, even if it comes from other areas or states. We have GOT to help our schools and educators.

Parental Rights

• MCL 380.10: "It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. The public schools of this state serve the needs of the pupils by cooperating with the pupil's parents and legal guardians to develop the pupil's intellectual capabilities and vocational skills in a safe and positive environment."
• "While parents may have a fundamental right to decide whether to send their child to a public school, they do not have a fundamental right generally to direct how a public school teaches their child. Whether it is the school curriculum, the hours of the school day, school discipline, the timing and content of examinations, the individuals hired to teach at the school, the extracurricular activities offered at the school, or a dress code, these issues of public education are generally 'committed to the control of state and local authorities.'" - Blau v. Fort Thomas Public Schools