Attorneys for the Wisconsin Institute of Law and Liberty demanded that the Kiel Area School District contain the Title IX investigation into the three male students at Kiel Middle School.
"The complaint against these boys, and the District’s ongoing investigation, are wholly inappropriate and should be immediately dismissed," the institute wrote in a letter to administrators. "The mere use of biologically correct pronouns not only does not constitute sexual harassment under Title IX or the District’s own policy, it is also speech protected by the First Amendment."
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The attorneys' letter accused the school district of stretching Title IX to police student speech and added that the students were subjected to yelling and name-calling for refusing to use non-biological pronouns, even as administrators failed to use the student's preferred pronouns.
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"The use of 'they/them' pronouns, in particular, is awkward, grammatically incorrect, and, until recently, unheard of," the letter says. "Indeed, illustrating how difficult it is to refer to a single person as a 'they/them,' our clients have frequently heard the Title IX investigator, teachers, other staff, and students refer to the student in question using she/her pronouns."
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In a press release, the institute's deputy counsel, Luke Berg, slammed the district's actions for setting a "terrible precedent" that would have "enormous ramifications."
"School administrators can’t force minor students to comply with their preferred mode of speaking," Berg said. "And they certainly shouldn’t be slapping eighth-graders with Title IX investigations for what amounts to protected speech."
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The district did not respond to a request for comment.
The law states that "no person in the United States shall, based on 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."
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The purpose of this law was to remedy centuries of exclusion from and discrimination against women and girls in the educational arena in the United States. It has led to significant and material advancements in the roles that women play in civil society today.
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The Biden administration has been accomplishing its assault on Title IX by redefining the word sex to include the phrase “gender identity.” This might seem harmless. It might appear on its face that the redefinition of sex to include “gender identity” is meant to protect a small community of marginalized people called “transgender.”
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