- cross-posted to:
- usa@lemmy.ml
- FuckTheUSA@lemmy.ca
- usa@midwest.social
- cross-posted to:
- usa@lemmy.ml
- FuckTheUSA@lemmy.ca
- usa@midwest.social
Last week, the Heritage Foundation, the right-wing think tank behind Project 2025, published a report titled âTitle IXâs Failed Experiment: Why Accommodating Sex Differences Beats Engineered Parity.â As its title suggests, the reportâwhich came only days after the Supreme Court upheld laws banning trans women from womenâs sportsâtakes aim at Title IX, the federal civil rights law that bars sex discrimination in schools receiving federal funds and was directly responsible for the creation of womenâs sports programs in K-12 schools.
Its author, Heritage Foundation senior research fellow and Boise State University political science professor Scott Yenor, chooses to introduce the topic in a familiar way: transphobia. Here, he opens with a nod to the right-wing conspiracy theories surrounding Imane Khelif, writing that âin 2024, a Tunisian man defeated a Chinese woman for the Olympic womenâs boxing gold medal.â Already, he gets the facts wrong: Imane Khelif is Algerian, and she isnât transgender, but regardless, he presses on and uses Khelif to call for laws that âdefine and uphold the physical differences between men and women.â
However, Yenor is merely using the topic of trans athletesâone that right-wing groups have manufactured as a way to get many Americans comfortable with discriminatory policiesâas a springboard for his true target: womenâs sports, and more specifically, âthe deeper feminist settlement that has governed athletics for decades.â This feminism, he writes, aimed to make women âmore independent and even dominant and less deferential and less oriented toward motherhood and traditional female graces,â and as a result, âTitle IX evolved from a seemingly modest anti-discrimination statute into a powerful engine of feminist social engineering, complete with proportionality mandates.â
His central argument is simple: Title IX has created âa prejudice in favor of a male-normed competitive model for womenâs sports and a prejudice against menâs non-revenue programs,â and these prejudices ârest on [the] false premise that differences in competitiveness and interest between the sexes are stereotypes to be engineered away.â As he clarifies later, he believes that women, when compared to men, are naturally less âaggressive, assertive, and dominantâ and less interested in sports, and therefore, giving men more sporting opportunities isnât discriminatory. Rather, according to Yenor, the discrimination lies in giving women equality, as Title IXâs mandates of equal spending and parity in competitive opportunity meant âcolleges learned that the safest (and often cheapest) path to compliance was cutting menâs non-revenue programs rather than adding womenâs teams or controlling costs in football and menâs basketball.â
Interestingly, his entire argument essentially reverses the rhetoric that Republicans have employed when banning trans athletes. There, they argue that trans athletes should get fewer opportunities because they are more competitive and aggressive and that every trans woman who wants to compete is unfairly taking an opportunity away from a cis woman. But here, itâs now cis women who should get fewer opportunities for being less competitive and aggressive and that every cis woman who wants to compete is unfairly taking an opportunity away from a man.
And the irony continues Yenor takes issue with the Supreme Courtâs decision in United States v. Virginia, a 1996 landmark case that struck down policies barring women from US military schools, for âfurthering the war on stereotypes.â Meanwhile, that rulingâand its finding that there are âinherent differences between men and womenââhas been used to support anti-trans laws going back to the very first line of the very first anti-trans sports law in the US, Idaho House Bill 500 (2020).
Nevertheless, to account for these purported differences between genders, Yenor proposes that Title IX should instead âaccommodate natureâ by doing away with many competitive womenâs sporting programs and instead âsupporting a wide range of non-competitive and lower-intensity activities.â And in this final section, he writes the following:
âHistory and the nature-denying extremism of todayâs Title IX enforcement compel us to consider basic questions: What goods do women themselves get from sports and physical activity? What goods do men get? What goods does society derive from womenâs participation? From male participation? Podiums, scholarships, or the cultivation of a conquering spirit are hardly the main concerns for most female athletes. Much less of a concern is having a career in professional sports.â
As for the âgoodsâ in question, Yenor is unequivocal: children. In fact, he spends two-thirds of his answer to these questions on fertility alone:
âOf course, many women enjoy the thrill of competition, as the joy on faces of victorious female athletes shows. Women also benefit from activities that build health, good habits, vigor, bodily toughness, grace, confidence, social connection of teamwork, and beauty. Moderate exercise supports fertility and mental well-being far more reliably than does the high-intensity, elite model of sports, which, as science shows, produces Relative Energy Deficiency in Sport (RED-S) and elevated rates of menstrual disruption in many top-notch female athletes. Between 26 percent and nearly 50 percent of women who exercise intensely stopped having regular menstrual cycles according to several studies. As one recent review of the literature holds, âevidence demonstrates higher rates of menstrual disturbance in elite athletes.â High-intensity exercise increases infertility; moderate exercise assists fertility more than any other approach to exercise assists it.â
Through this paragraph, Yenor reveals his handâas well as the fact that the rest of the reasoning he presents may very well be entirely ad hoc. After all, according to his bio on the Heritage Foundationâs page, Yenor âwrites primarily on the family.â Quotes from other conservative figures about him that are listed on the page characterize him as âa student of the hostile forces of feminism and liberals that rip the family apart or prevent families from formingâ and as âone of the leading pro-family intellectuals in the country.â
Title IX and college sports policy should therefore sit comfortably outside of his area of expertiseâunless, of course, he believes this issue concerns family policy. Viewing the report through this lens, his emphasis on replacing the âhigh-intensity, elite model of sportsâ with opportunities that promote âmoderate exerciseâ (which he defines as including âgroup fitness classes, dance, yoga, recreational intramurals, hiking clubs, and the likeâ) starts to make more sense, as do his repeated references to the idea that competitive sports make women âless oriented towards motherhoodâ that are present throughout the report.
As Yenorâs report shows, right-wing attacks on womenâs participation in sports will not remain limited to trans women for much longer. That discourse, ostensibly about âfairnessâ and âsafety,â has served to normalize the idea that laws can and should be passed that regulate who qualifies as a woman and what opportunities she has access to. Now, armed with a recent victory at the Supreme Court that upheld those laws, men like Scott Yenor are looking to cash in.
Will Americaâs women let them?
Iâm shocked someone meddling in the affairs of trans women also wants to meddle in the affairs of cis women.
Itâs almost like thereâs some overlap between trans womenâs rights and cis womenâs rights.
Some kind of inter⊠mingling? Inter⊠disciplinary? Inter⊠dependence?


