Transgender Lawmakers Criticize Biden’s Title IX Proposal on School Sports

A group of transgender and non-binary legislators have raised concerns about President Joe Biden’s proposed changes to Title IX. The Title IX rule aimed to prevent discrimination of people based on their gender identity in schools, however, some changes proposed by the Biden administration could impact transgender students’ participation in school sports.

In a letter addressed to Biden in April, 14 legislators from Colorado, Delaware, Massachusetts, Montana, Michigan, Minnesota, New Hampshire, Oklahoma, Pennsylvania, and Vermont expressed concerns about the administration’s changes to the Title IX policy. They revealed that there has been a rise in anti-trans legislation introduced in state legislatures across the country over the past year, with 450 bills being introduced regarding transgender participation in sports alone.

Details of Biden’s proposed Title IX policy changes

The Department of Education introduced the proposed changes to the Title IX rule on April 6th. The new policy would prevent bans that prohibit transgender students from participating in sports teams according to their gender identity. However, some exclusions would still be allowed, especially in highly competitive athletic environments like high school and college sports, in order to promote fair play and prevent sports-related injuries.

The policy regulation also allows for restrictions to be placed based on the type of sport, level of competition, and grade or education level, without causing prejudice to transgender students or any particular student.

The Department of Education added that under the new policy, school policies that “categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are” would be deemed illegal. The regulation would impact K-12 public schools, universities and colleges, and other federally-funded institutions.

Biden’s proposed changes to the Title IX policy directly challenge similar laws in 20 states, including Florida and Texas, which argue that allowing biological males to compete in female sports could seriously affect fair play in sports.

In 2022, the DOE proposed changes to the policy to create a more welcoming environment in schools, however, many transgender students and legislators still believe there is more work to be done to ensure better policies protecting transgender people.