‘FAIRNESS IN COMPETITION’

Biden’s DOE Floats New Rule Allowing Some Restrictions on Trans Student Athletes

However, a “categorical” ban on transgender student athletes from joining sports teams consistent with their gender identity would be a violation of Title IX.

The Department of Education unveiled a new federal rule change proposal Thursday that would prohibit schools from “categorically” banning transgender student athletes from joining sports teams consistent with their gender identity. This rule change would make any such policies a violation of Title IX. It would, however, leave room for some restrictions. “The Department's approach would allow schools flexibility to develop team eligibility criteria that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury,” the DOE wrote in a press release. “The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation.” The proposed Title IX change will be open for public comment for the next 30 days—after which it will go into effect.