As Introduced
135th General Assembly
Regular Session S. C. R. No. 11
2023-2024
Senator Brenner
A CONCURRENT RESOLUTION
To urge Congress and the President of the United States, 1
along with the United States Department of Education 2
to exclude sexual orientation and gender identity from 3
Title IX. 4
BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO (THE HOUSE OF
REPRESENTATIVES CONCURRING):
WHEREAS, Section 1681 of Title IX of the Education 5
Amendments of 1972, commonly referred to as Title IX, provides 6
that "[n]o person in the United States shall, on the basis of 7
sex, be excluded from participation in, be denied the benefits 8
of, or be subjected to discrimination under any education 9
program or activity receiving Federal financial assistance"; and 10
WHEREAS, The United States Department of Education, Office 11
for Civil Rights, has authority to issue rules implementing 12
Title IX consistent with the objectives of the statute; and 13
WHEREAS, The U.S. Department of Education, Office for Civil 14
Rights has adopted 34 C.F.R. Part 106, to implement Title IX; 15
and 16
WHEREAS, The version of 34 C.F.R. Part 106, effective 17
August 1, 2024, provides that discrimination "on the basis of 18
sex" includes discrimination on the basis of sexual orientation 19
and gender identity; and 20
S. C. R. No. 11 Page 2
As Introduced
WHEREAS, The members of the 135th General Assembly of the 21
State of Ohio find that this broad expansion of Title IX is 22
damaging to all women's sports; now therefore be it 23
RESOLVED, That we, the members of the 135th General 24
Assembly of the State of Ohio, urge the U.S. Department of 25
Education, Office for Civil Rights, to remove all references to 26
sexual orientation and gender identity from 34 C.F.R. Part 106; 27
and be it further 28
RESOLVED, That we, the members of the 135th General 29
Assembly of the State of Ohio, urge the United States Congress 30
and President Biden to amend Title IX to specify that "sex" does 31
not include sexual orientation or gender identity; and be it 32
further 33
RESOLVED, That the Clerk of the Senate transmit duly 34
authenticated copies of this resolution to the President Pro 35
Tempore and Secretary of the United States Senate, Speaker and 36
Clerk of the United States House of Representatives, members of 37
the Ohio Congressional delegation, and the news media of Ohio. 38