Biden Administration Proposes Rule Prohibiting School Bans on Transgender Athletes

The Biden administration released a proposal Thursday that would prevent schools and colleges from outright banning transgender athletes from competing in sports consistent with their gender identities, per Collin Binkley of the Associated Press.

The proposal would be included as a provision of Title IX if it is eventually finalized and approved.

"Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination," Miguel Cardona, who is President Joe Biden's education secretary, said in a statement.

Thursday's proposal comes on the same day the Supreme Court allowed a 12-year-old transgender girl in West Virginia to remain on her middle school's track and cross-country teams.

The Associated Press noted the Supreme Court elected not to interfere with the appeals court order that has allowed her to continue to compete.

West Virginia Gov. Jim Justice, a Republican, signed a law in 2021 banning transgender girls and women from competing for female teams. A federal appeals court allowed the 12-year-old to compete during her appeal to a lower court after it upheld the state's law.

Movement Advancement Project lists West Virginia as one of 20 states that ban transgender athletes from competing in sports that align with their gender identity, per the AP.

As for the proposal from the Biden administration, Binkley noted it says any school or college that receives federal funding would be prohibited from enacting "one-size-fits-all" policies that ban all transgender athletes from competing.

However, individual schools could potentially make exceptions for "important educational objectives" that may include fairness of competition. Factors such as the age of the students and the sport being played would be considered.

While this new proposal faces what Binkley described as "a lengthy approval process" and inevitable "challenges from opponents," a separate proposal from the Biden administration to create a federal rule that extends protections provided by Title IX to LGBTQ+ students could be finalized by May.