The proposal claims to “support Title IX’s protection for equal athletics opportunity.”
QUICK FACTS:
- The U.S. Department of Education released a proposal for Title IX that would prohibit schools receiving federal funding from completely banning transgender athletes from participating in sports.
- The Title IX proposal does allow schools and universities to develop their own eligibility criteria that may restrict trans athletes, as in “competitive high school and college athletic environments,” in order to reduce injury.
- “Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages,” U.S. Secretary of Education Miguel Cardona said during the proposal’s announcement.
- “Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity,” Cardona added. “We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX’s effective protection for all students.”
- Numerous states have passed trans athlete bans, with several states facing court injunctions over the policies.
FROM THE PROPOSAL:
- “Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity,” the proposal states.
- The proposal notes that few limitations would be acceptable for transgender elementary school-age athletes, as younger student teams emphasize “teamwork, fitness, and basic skills.”
- However, for students at the high school and college level, the Department “expects that sex-related criteria that limit participation of some transgender students may be permitted, in some cases, when they enable the school to achieve an important educational objective, such as fairness in competition, and meet the proposed regulation’s other requirements.”
- “The proposed regulation would recognize the importance of minimizing harms to students whose participation on teams consistent with their gender identity would be limited or denied,” the statement adds, noting that students may feel as though “their gender identity can stigmatize and isolate them” if they are unable to participate on a team corresponding to their desired identity.
BACKGROUND:
- White House Press Secretary Karine Jean-Pierre said during a press conference that states prohibiting “gender-affirming healthcare” is a “dangerous attack on the rights of parents to make the best healthcare decisions for their own kids.”
- “This is awful news, let’s be very clear about that,” Jean-Pierre said, referring to Indiana’s new law banning “gender-affirming care.”
- “LGBTQI+ kids are resilient, they are fierce, they fight back, they’re not going anywhere. We have their back,” the press secretary added. “This administration has their back. We are so proud of the kids across this country who organized protests and school walkouts to tell the politicians in their states to stop this legislative bullying.”
