Biden Proposal Bars Schools From Imposing Blanket Bans On Trans Athletes

The Biden administration has proposed new rules that would bar schools and colleges across the United States from imposing blanket bans on transgender athletes from competing in sports.

However, it has carved out exceptions whereby schools can place restrictions on transgender students in certain cases, for instance, to ensure fairness. 

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages,” U.S. Secretary of Education Miguel Cardona said in a statement. 

The administration’s proposed change comes the same day as the Supreme Court refused an attempt by West Virginia to enforce a law that would have prevented a trans girl from participating in school sports. 

Title IX

Today, @usedgov issued a new rule that affirms that Title IX protects transgender students from discrimination in athletics and that state laws banning participation of transgender athletes are violations of federal law. https://t.co/r8Su6q4jgg

— Human Rights Campaign (@HRC) April 6, 2023

The proposed changes to Title IX, which was enacted in 1972 to ensure gender equality, will prohibit policies that “categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

The new rules also propose giving schools the flexibility to frame their own policies. “The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation,” the US Department of Education said. 

“The Department’s approach would allow schools flexibility to develop team eligibility criteria that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury.”

The department has invited public comments on the proposed changes.

Nineteen States Ban Trans Athletes

According to the Human Rights Campaign, around 19 states currently have rules in place to ban transgender students from being part of sports teams that align with their gender identity. 

“State lawmakers take note — discriminating against transgender athletes is wrong and a violation of federal law. This new rule makes that abundantly clear,” Kelley Robinson, President of the Human Rights Campaign said in a statement. 

“Every student deserves to be treated with dignity and respect. This includes transgender girls of all ages and in all sports, without exception. The new rule should be clarified to ensure that all transgender students should be presumed eligible to participate in sports consistent with their gender identity.”

In 2023, so far around 470 anti-LGBTQI bills have been introduced in state Parliaments across the US. 

“This moment we’re in is truly a crisis for transgender young people — and we’re calling on elected leaders at every level of government to fight harder for our kids. For all of us who believe in equality and justice for all, we should be relentless in our work to undo the harms that have already been done and our pursuit of a better tomorrow,” Robinson added.

Absolutely no reason for the Biden admin to do this. It is indefensible and embarrassing.

The admin can still walk this back, and they should. It’s a disgrace https://t.co/3aUR0dnS5Q

— Alexandria Ocasio-Cortez (@AOC) April 6, 2023

The provisions to allow schools to ban transgender students in competitive high school and college sports have been slammed.

“Absolutely no reason for the Biden admin to do this. It is indefensible and embarrassing. The admin can still walk this back, and they should. It’s a disgrace,” tweeted Democratic Rep. Alexandria Ocasio-Cortez.