Biden Administration proposes plan to prohibit bans of transgender athletes
BOSTON - On Thursday, the Biden Administration announced its proposal to prohibit all-out bans against transgender athletes, but for some, the potential changes do not go far enough.
The Department of Education announced the proposal following two years of legal research in states across the country. As written, the proposed changes would come to Title IX, the federal protection for students against discrimination based on sex. The administration is proposing to add a line that would include protections against sweeping bans of transgender athletes in schools. However, it leaves the door open for individual schools to decide on exceptions.
"This has become an issue that the extreme right has created," said Janson Wu, the executive director of GLAD. The pro-LGBTQ legal advocacy group praised the move by the Biden Administration and said the proposal is timely. Wu cited at least 16 states that have created the exact bans this proposal is hoping to prevent.
"That is particularly important right now as we are seeing state after state pass really harmful and discriminatory laws that ban all transgender students from playing on sports teams," Wu said. "Transgender kids have been playing and participating in sports for a long time now, and school districts and sports teams have been coming up with policies that work best for their communities without many problems. What we are really seeing is the extreme right using this issue to create a political wedge for political purposes."
Marshi Smith is a former NCAA swimmer who created the Independent Council on Women's Sports. The group advocates for equality for women in sports and said this proposal from the Department of Education is a step backward.
"Ultimately, it is letting down girls and women in sports in grades K-college and federally funded institutions," said Smith. "What they are proposing, however, is to exclude girls from their own sports category when males have a distinct athlete performance advantage."
Smith said her organization would like to see an additional category created that would preserve fairness and inclusivity. Smith described this as an "open" category that could function in addition to a "men" and "women" category for competition.
Wu, however, said that would only add to the discrimination transgender people often feel.
"They are sending a negative message to them that there is something different or wrong or that they can't play with a friend," Wu said. "This proposed rule will correct that and make sure all students, including transgender students, will have a chance to do that."
This proposed change to Title IX faces an uphill legal challenge. There are dozens of cases on this issue already making their way through courts across the country. It would likely take months, if not years, before this proposal would become law.
