The proposed rule, which would allow transgender girls to play on girls teams with some limitations, has received over 100,000 comments.
The proposed rule, which would allow transgender girls to play on girls teams with some limitations, has received over 100,000 comments.
The Biden administration’s education department policy on transgender students’ sports eligibility is facing mixed reviews ahead of the May 15 deadline for comments in the Federal Register.
The proposed rule, which would allow transgender girls to play on girls teams with some limitations, has received over 100,000 comments.
The proposal would make it illegal to categorically ban transgender athletes from competitive sports while recognizing the importance of maintaining fair competition and preventing injuries, particularly in contact sports.
Advocates for transgender students argue that the new rule does not sufficiently promote inclusion while opponents contend it undermines fairness in women’s sports. Schools are seeking additional guidance on implementation of the policy as there are numerous issues to consider.
Montana state Rep. Zooey Zephyr, part of a group of more than a dozen trans and non-binary lawmakers, criticized President Biden’s proposed sports rule, saying it opens up an avenue for discrimination against trans athletes.
Lawmakers have voiced their displeasure with the policy, writing in a letter to the president that “there is no such thing as an acceptable ‘compromise’ that limits transgender Americans access to equal rights.”
Trans advocates have warned that sporting bans may open the door for restrictions on trans people in other areas of life, according to Zephyr. “What we need are policies that recognize trans people’s right to participate in sports based on their gender identity,” they said.
School districts are seeking clarity on whether to follow state restrictions on transgender athletes as the education department considers implementing the new rule. The National School Boards Association’s Chief Legal Officer, Francisco Negron, said questions remain about how boards will navigate any potential changes.
School districts must grapple with state law, interscholastic athletic association regulations, and potential lawsuits from players or their parents. According to Negron, such litigation costs would come out of the general revenue funds used for classroom dollars, a “very real concern” for school districts trying to adapt.
