The proposed rule, which still faces a lengthy approval process, establishes that blanket bans would violate Title IX, the landmark gender-equity legislation enacted in 1972.
, the landmark gender-equity legislation enacted in 1972. But schools that receive federal funding could still adopt policies that limit transgender students’ participation, particularly in more competitive high school and college sports.
Imara Jones, a trans woman who created “The Anti-Trans Hate Machine” podcast, blasted the proposal, saying President Joe Biden is attempting to “straddle the fence” on a human rights issue ahead of an election year by giving legal recourse to schools that bar some trans athletes from competition. The U.S. Department of Education declined to comment Friday on criticisms from trans rights advocates.
Still, some transgender athletes welcomed the proposal as an important first step toward protecting trans kids’ access to sports. Doriane Coleman, a law professor at Duke University, said the proposal allows schools to “still choose to have male and female sports teams” and makes sense compared with the “one-size-fits-all approach” found in some states.
Alabama Attorney General Steve Marshall issued a statement suggesting the state might also try to challenge the federal rule. Alabama lawmakers in 2021 approved legislation that bans trans women and girls from participating on female sports team in K-12 schools. It was also one of 20 states that filed a lawsuit in 2021 seeking to halt directives that extend federal sex discrimination protections to LGBTQ+ people.
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