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WASHINGTON (AP) — Schools and colleges across the U.S. would be barred from outright banning transgender athletes, under a proposal released Thursday by the Biden administration, but teams could impose restrictions in certain cases. I can.
The proposed rule sends a political counterpunch against a wave of Republican-led states seeking to ban transgender athletes from participating in school sports that align with their gender identity. If decided, the proposal would formally become a provision of Title IX.the groundbreaking Gender Equality Act of 1972.
However, it has to go through a lengthy approval process and is almost certain to face challenges. Opponents vehemently criticized the proposal, but some supporters of transgender athletes were concerned that the proposal had not gone far enough.
The proposal came on the same day the Supreme Court ruled on a 12-year-old transgender girl. As the legal battle over West Virginia’s transgender laws continues, she will be able to continue competing on her middle school track and cross-country teams. The law prohibits transgender players from participating in women’s teams.
Overall, at least 16 states have implemented bans that cover at least high school interschool sports. Some even extend to intramural, club, or college sports. Enforcement of the ban in at least three other states is pending court enforcement, and one state has adopted a ban that won’t go into effect until July.
Under the Department of Education’s proposed rule, schools and colleges receiving federal funding would have a “one-size-fits-all approach” that would adamantly ban transgender students from playing on sports teams that match their gender identity. No policy shall be imposed. Any such policy shall be considered a violation of Title IX.
Still, the proposal leaves room for schools to develop team eligibility rules that could ultimately result in limiting the participation of transgender players.
This is only permitted if it serves a “significant educational purpose” such as fairness in competition or reducing the risk of injury.
Restrictions should consider the sport, level of competition, and age of the student. For example, elementary school students are typically allowed to participate in teams that match their gender identity. More competitive high school and college teams can impose limits, but they are not recommended for teams without tryouts or cuts.
“All students should enjoy the full experience of attending school in America, including participation in sports, without discrimination,” Biden’s Secretary of Education Miguel Cardona said in a statement.
The Biden administration has used “competitive fairness” as a criterion, which has become part of the debate both in the United States and around the world. However, officials did not provide details on how this would be done.
of the tens of millions of high school students in the United StatesAbout 300,000 young people between the ages of 13 and 17 are transgender, according to a 2022 study by the Williams Institute, a UCLA think tank focused on LGBTQ+ issues. Athletes are much less numerous. His 2017 survey by his campaign for Human Rights suggested that less than 15% of transgender youth who play sports overall.
When asked about the proposal, Bobby Hirsch, a sophomore and trans man on the Wayne State men’s fencing team, said, “Anything works.” But he feared the wording of the rules would make it easier for schools to tell transgender athletes they can’t play on teams. .
Hirsch, who competed on the women’s team in the 2021-22 season, began transitioning socially in high school and medically last summer.
Eli Bundy, an 18-year-old transgender from Charleston, South Carolina, said she welcomed the proposal but didn’t go far enough to celebrate it.
“I have a hard time taking comfort when something positive happens at the national level, because at the state level from the South Carolina Legislature, there is a hostile and truly harmful message to trans youth. Because there’s still a lot of stuff,” said Bundy, who testified. Opposing state ban on transgender students in 2021 In girls’ or women’s sports in public schools or colleges.
Asked about state bans currently in force, an anonymous senior education ministry briefing reporter said Title IX is a law of the land and officials will work to ensure it is followed in all states.
In a West Virginia lawsuit, the Supreme Court refused to revoke an appeals court order that allowed a girl named Becky Pepper-Jackson to continue playing for her school team. defines male and female by focusing on the student’s “reproductive biology and genetics at birth.” It applies not only to middle school and high school, but also to universities.
Elsewhere, Republican lawmakers argued that they had the right to set policy in their states. The Biden administration’s announcement is that Kansas lawmakers will overturn Democratic Gov. Laura Kelly’s third veto in three years against a bill banning transgender female athletes from women’s and women’s sports. It was done the day after the successful
“At what point does the federal government not understand the U.S. Constitution that says we have rights in the states?” Wichita Republican Rep. Brenda Landware said: . “We can make our own decisions.”
Critics say transgender athletes have an advantage over cisgender women in competition. Last year, Leah Thomas became the first transgender woman to win an NCAA swimming title. Yes, but recently the NCAA board decided not to fully implement it until 2023-24.
The NCAA issued a statement Thursday night, saying: That policy will remain in effect while the lengthy Title IX regulatory process unfolds. “
At the same time, international sports governing bodies have enacted policies that effectively ban most trans women from athletics and swimming events.
Donna de Varona, a two-time Olympic gold medalist in swimming and a member of the Women’s and Sports Policy Working Group, said her hope was to find a “nuanced approach” to finding space for transgender athletes. At the same time, it is about making sure Title IX protects girls. Women have “fairness, opportunity and security.”
“There’s plenty of space. … Why should we be in the female category? We’ve already had our reproductive rights violated, but now we have a different spectrum than sports,” Des said. Varona said in a phone interview.
Sasha Butchart, senior attorney at Lambda Law and director of the group’s nonbinary and transgender rights project, said the proposed rule would “criticize the importance of participating in sport for transgender youth.” recognizing,” he said. At the same time, she expressed her concerns about whether it would eliminate discrimination against transgender students.
However, lawyers for cisgender runners denounced the proposal as “a slap in the face for female athletes who deserve an equal chance to compete in the sport.”
“The Biden administration’s rewrite of Title IX degrades women and tells them that athletic goals and placement don’t matter,” said Christiana Kiefer, senior councilor for Alliance Defending Freedom. She represented a Connecticut runner sued over the participation of two transgender girls. in athletics.
President Joe Biden’s administration has made strengthening the rights of transgender students a priority.broadly protect them from discrimination in education.
After receiving more than 240,000 public comments and strong opposition from conservatives, the rule is expected to be finalized as early as next month.
The new proposal does not provide examples of acceptable restrictions that could be imposed on school sports, but makes it clear that restrictions cannot be directed solely at transgender students. You’re left to navigate that tricky legal area, knowing it could result in a federal civil rights investigation or lawsuit.
Schools that choose to impose restrictions should “minimize harm” to students who lose track and field opportunities, the proposal said. If a school can achieve its objectives, such as equity, in a less harmful way, the school may be found to be in violation of Title IX.
“Preventing students from participating in sports teams that match their gender identity can stigmatize and isolate them,” according to background information provided by the administration. It’s different from the experience of a student who doesn’t understand.”
Schools that violate Title IX may face penalties up to the complete loss of federal funds, but no such penalties have been given.
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AP Sports writers Eric Olson and John Zenner of Birmingham, Alabama, AP Sports writers of Omaha, Nebraska, Pat Eaton Robb of Hartford, Connecticut, James Pollard of Columbia, South Carolina, and John Hannah of Topeka, Kansas contributed to this report. bottom. .
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The Associated Press education team is supported by the Carnegie Corporation of New York. AP is solely responsible for all content.
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