False. There is absolutely a scientific basis for it including gender identity. See above. As for it not including sexual orientation, this is an argument she’s making for legalizing discrimination against LGBTQ+ students as well. (And there IS a legal basis for it – it’s called the Civil Rights Act of 1964, an examination of which resulted in the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which held that the word “sex” in Title VII includes sexual orientation and gender identity.) Sounds like Burke is just mad about the ruling. In any case, the ruling was significant because it extended protections under federal law to LGBTQ+ individuals, ensuring that they cannot be fired, denied a job, or otherwise discriminated against at work simply because of their sexual orientation or gender identity. Burke is arguing for going back to discriminatory practices here.

She even mentions Bostock in the next sentence, saying that redefining “sex” to include sexual orientation and gender identity in Title IX regulations “misrepresents Bostock.” It doesn’t. In fact, it’s completely aligned with the spirit of the ruling; she’s just a bigot. (FYI, Bostock was more specifically about discrimination in employment, not in schools, but the point stands.)

Full contextual analysis of Section 3.2: Department of Education here.