Fourteen transgender and nonbinary state legislators have written a letter to President Joe Biden, urging his administration to revise the proposed regulation concerning transgender participation in school sports. The Department of Education’s proposed rule aims to enforce Title IX of the Education Amendments of 1972, which prohibits sex discrimination in K-12 schools, colleges, universities, and other academic institutions that receive federal funding. While the proposed rule recognizes that policies “categorically” barring all transgender student athletes from competing under their gender identity violate Title IX, it still allows for some exceptions.
The legislators, along with numerous LGBTQ+ activists and organizations, are objecting to the allowance for exceptions, citing that it enables anti-trans discrimination. They believe that transgender athletes deserve equal rights in school sports, and that there should be a presumption of full inclusion for transgender athletes when developing eligibility criteria. “To put it plainly, there is no such thing as an acceptable ‘compromise’ that limits transgender Americans’ access to equal rights,” the letter reads. “Their inclusion should be welcomed, and the successes of trans athletes should be celebrated.”
The state legislators are calling for input from trans activists, lawyers, and legislators to revise the rule, which they argue should begin with the presumption of full inclusion for transgender athletes. They express concern that the proposed rule opens up potential pathways for discrimination and is inconsistent with the intent of the Biden administration to protect trans athletes.
Anti-LGBTQ+ activists claim that trans girls and women have unfair advantages over cisgender females, but scientists and LGBTQ+ advocates say this is not the case. Across the nation, 20 states have adopted laws that either bar all trans students from competing under their gender identity or bar trans girls and women from female teams, even though very few trans students are participating in school sports.
Numerous LGBTQ+ groups have praised the Biden administration for acknowledging that overall bans on transgender athletes violate Title IX. However, they plan to work with the administration to ensure that the final rule does not allow for discrimination. The National Center for Transgender Equality (NCTE) applauds the Department of Education for acknowledging in the proposed rule that categorical bans on participation in school sports based on transgender status are inappropriate, unlawful, and fundamentally un-American. NCTE looks forward to submitting public comments and working alongside the administration to further remove inappropriate barriers, allowing for equal participation by transgender youth.
As the Department of Education’s proposed rule is subject to public comment before becoming final, it is crucial that the voices of those advocating for transgender athletes’ rights are heard and considered. The call to the Biden administration by these state legislators highlights the importance of ensuring equal rights for transgender athletes and their full inclusion in school sports. This issue continues to spark nationwide discussions and action to ensure equal opportunities for all students, regardless of their gender identity.