I’m not sure if I will write about Title IX in my Birch Bayh book. But I have noticed some interesting points about the evolution of Title IX into canon.
First, the statute did not settle into its present form until Congress passed the Civil Rights Extension Act in 1988 over President Reagan’s veto. This statute, among other things, overturned the Supreme Court’s narrower reading of Title IX from the 1984 Elk Grove case.
Second, until 2025, no Republican President praised Title IX. Bill Clinton and Barack Obama did, but not George H.W. Bush, George W. Bush, or Trump I.
Third, Trump II is praising Title IX to reject transgender claims. You might say that this is the final stage of canonization (when both parties are on board).
