Biden Admin Rolls Out New Title IX Rules to Prevent Schools From Banning Trans Athletes

The Biden Administration has introduced new Title IX rules that broaden the definition of sexual discrimination to include gender identity, which would prevent schools and colleges from banning transgender student-athletes.

According to the proposed rules, no school or college that receives federal funding would be allowed to have a “one-size-fits-all” policy that categorically deters transgender students from playing on sports teams that align with their gender identity. Such policies would be considered a violation of Title IX.

“The proposed regulation would clarify Title IX’s application to such sex-related criteria and the obligation of schools and other recipients of Federal financial assistance from the Department (referred to below as ‘recipients’ or ‘schools’) that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate,” writes the Education Department.

In a press release, the administration stated that the “proposed rule affirms that students benefit from the chance to join a school sports team to learn about teamwork, leadership, and physical fitness.” The proposed rule would become a provision of Title IX, which was enacted as gender equity legislation in 1972.

The move is a political response to several Republican-led states that have been working to prohibit transgender student-athletes from participating in school sports that align with their gender identity. If adopted, the proposed rule will become enshrined as a provision of Title IX.

The Biden Administration’s plans have already encountered pushback from conservative groups who argue that the President does not have the legal authority to make changes to Title IX regulations.

Educational Secretary Miguel Cardona has stated his support for allowing biological male transgender individuals to participate in women’s sports, saying during his confirmation hearing that “it is critically important” to respect the rights of all students, including transgender students, to participate in activities.

The Associated Press contributed to this report.