By Hudson Crozier
What’s new: Under a proposed Title IX regulation by President Joe Biden’s Department of Education, public schools and colleges may not automatically restrict trans-identifying students from sports teams meant for the opposite sex. They can, however, make such restrictions for the sake of “an important educational objective” such as preventing injuries and “fairness in competition,” two of the most commonly argued reasons for separating the sexes. Those exceptions would exist for high school and college athletes only, not elementary grades.
Reactions: Some on the left are disappointed that the policy could allow some “discrimination” against athletes who identify as the opposite sex. Republicans condemned it as an attack on women’s rights and privacy, considering Biden’s policy would challenge at least 20 states who have sweeping laws requiring students to compete based on their biological sex. Schools in those states could lose federal funding under the proposal.
Why it matters: Despite Biden’s unwavering support for many aspects of the trans movement, like supporting children's access to sex changes, the administration has taken a more moderate stance on the issue of sports. Ahead of the 2024 election, Biden also shifted more moderate on crime by blocking a progressive D.C. crime bill and immigration by announcing that he would prioritize detainments.
What’s next: The proposed rule will be open for public comment in the coming weeks and won’t go into effect for months or years due to the slow regulatory process. The Biden administration is already working to finalize previous Title IX proposals as part of an ongoing effort to shoehorn “gender identity” into the meaning of the 1972 civil rights legislation.