The U.S. Department of Education (DOE) announced a proposed change to Title IX, a landmark law banning gender discrimination in federally funded education, prohibiting categorical bans on transgender athletes in public K-12 schools and colleges.
If enacted, the change would make it illegal for public K-12 schools and colleges to adopt a “one-size-fits-all-policy” prohibiting transgender athletes from joining sports teams based on their “gender identity.” Title IX restricts federally funded schools from excluding any student based on their “gender identity.”
BREAKING: The Biden Education Department just dropped new Title IX rules that bar schools that receive federal funding from enforcing policies that ban biological males from playing girl's sports.https://t.co/3VdHJarPKc pic.twitter.com/DbOMioI5yL
— Greg Price (@greg_price11) April 6, 2023
“One-size-fits-all policies that categorically ban transgender students from participating in athletics consistent with their gender identity across all sports, age groups, and levels of competition would not satisfy the proposed regulation,” the DOE stated.
“Such bans fail to account for differences among students across grade and education levels. They also fail to account for different levels of competition — including no-cut teams that let all students participate — and different types of sports,” it added.
The DOE’s proposed policy states that when public schools develop policies to create sports teams, they must consider “fairness in competition” and the prevention of “sports-related” injuries.
In June 2022, the DOE proposed changes to Title IX, suggesting that any program, building, bathroom, and locker room be used based on “gender identity” instead of biological gender.
“The Biden Administration is trying to have their cake and eat it too: inject gender identity into athletics while placing the onus upon school districts to determine whether doing so would be problematic or not,” Nicole Neily, president of Parents Defending Education, a parental rights organization, told the Daily Caller.
“Without a doubt, institutions are going to err on the side of ‘inclusion,’ because they fear the wrath of the Education Department – thus, achieving the Department’s end goal while maintaining plausible deniability that they coerced districts into doing so,” Neily added.
U.S. Secretary of Education Miguel Cardona praised the DOE’s proposal as beneficial to students’ health.
Cardona said all students should have a “full experience” attending school in the U.S., including participating in athletics without discrimination.
“Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime,” he added.
The American Federation of Teachers applauded the proposal, arguing it would protect transgender students from “politically motivated” bans.
House Speaker Kevin McCarthy (R-CA) criticized Title IX’s proposed changes, arguing it is “scientifically and morally wrong.”
This latest move by the Biden admin is anti-women. Protecting women’s sports is essential, and Republicans will not let the admin dismantle Title IX. https://t.co/PB2DkltHe7
— Kevin McCarthy (@SpeakerMcCarthy) April 6, 2023
Allowing biological males to compete against women is unfair. While male athletes do not always defeat females in competitions, their presence will negatively affect the future of women’s sports, robbing women of their scholarships and opportunities.