The Biden administration has proposed a new rule that would bar schools from outright banning transgender athletes from participating in sports, but would allow schools to ban some transgender athletes in high school and college sports. Allow
The proposal was met with mixed reactions from both transgender activists and Republican lawmakers, but as a challenge to West Virginia’s ban, it would allow 12-year-old trans girls to continue competing in track and cross-country. was issued shortly after the Supreme Court allowed the
As states across the country consider banning transgender athletes from participating in school sports, and those bans are being challenged in court, the Department of Education is committed to providing clarity to schools and families. purpose and stressed that a blanket ban on transgender student-athletes would endanger the organization.Educational programs that receive federal funding under Title IX to protect against sexism.
The Department of Education said the reasoning behind the proposed changes to the Title IX rules is to “develop team eligibility criteria that serve important educational purposes such as ensuring fairness in competition and preventing sports-related injuries.” said.
The criteria used to determine the eligibility of transgender athletes vary by sport, level of competition, and level of education, but the rules require “minimizing harm” to transgender students. It says there is
But transgender advocates say the guidance, while well-intentioned, protects transgender students seeking to participate in school sports, especially since 20 states have banned transgender athletes. is not enough.
Erin Reed, a Washington, D.C.-based trans activist and journalist who tracks anti-trans laws, said she was surprised by the regulation.
“Schools will review these regulations and make sure they allow a ban if it serves an ‘educational purpose’ and minimizes harm to transgender students,” Reid said. “Essentially … provides a playbook for how to enact a ban and still comply with the law,” he told News.
The guidance says it will be difficult for schools to justify excluding elementary school students. However, when it comes to high school and college-level transgender students, Reid said the proposed rule’s language does not explicitly state whether schools would be out of compliance by discriminating against transgender people.
“The most frustrating thing is leaving them unaddressed, [Biden is] By leaving the door open, he’s kind of giving credence to right-wing issues,” Reed said. [Republicans] The grab is where he gave away the ground. This will feel like a betrayal. ”
The ministry said schools use documents such as birth certificates and driver’s licenses to conduct physical examinations or medical tests related to the gender of students in order to “restrict or deny eligibility for students who match their gender identity.” He said he could request it.
Reid is concerned that this kind of standard could open the door to invasion of privacy. Agreeing with Kansas Supporters’ ConcernsRepublican lawmakers pushed for a ban on transgender students in women’s and girls’ sports, despite the governor’s veto.
“It’s a nuisance, and it’s going to be a big deal for states like Kansas trying to require genital testing to play sports,” Reed said. I don’t think it fills the gap, and it does more harm than good for transgender people.”
Other trans advocates are similarly concerned about how the proposed rule will be enforced.
GLSEN executive director Melanie Willingham-Jaggers told BuzzFeed News that eligibility criteria “must serve a legitimate purpose, not be based on junk science or prejudice.”
“This should mean that transgender, nonbinary, or intersex students are not denied the opportunity to play school sports, but as anti-transgender political attacks intensify, we cannot expect good actors.
At Thursday’s press conference, the reporter Asked How will the Department of Education approach enforcement of this rule in states that have already passed outright bans on transgender athletes?
“Federal civil rights law is the law of the land,” a senior official told reporters. “In the unlikely scenario that a school board refuses to comply with the law, the tools the department has will start withholding funds and the federal dollars spent to discriminate against students. to prevent it from happening.”
The ministry also agreed with the NCAA’s sport-specific policies as an example of how to include transgender athletes, but officials said the ministry has not taken a position on the association’s policies.
At a White House press conference early on Thursday, spokeswoman Carine Jean-Pierre highlighted the dire situation for LGBTQ rights in the country. It was one of the weeks,” she said, adding, “We have their support and this administration has their support.”
Proposed rule changes announced Thursday argue that the Biden administration’s explicit acceptance of transgender athletes in school sports threatens the protection of women’s sports and broader Title IX. It was also heavily criticized by some Republican lawmakers.
“This insane justice is unbearable,” said Rep. Andrew Clyde, the Republican representative for Georgia. murmured“Keep my word for it. I will fight this woke nonsense through the assignment process.”
Senator Marsha Blackburn told Fox News that Democrats are curtailing protections for women. .
The rules will be open for public comment for 30 days, and the department plans to finalize the rules by May.