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Schools and colleges across the US would be forbidden from enacting outright bans on transgender athletes under a proposal released Thursday from the Biden administration, but teams could create some limits in certain cases — for example, to ensure fairness.
The proposed rule sends a political counterpunch toward a wave of Republican-led states that have sought to ban trans athletes from competing in school sports that align with their gender identities.
If finalized, the proposal would become enshrined as a provision of Title IX, the landmark gender equity legislation enacted in 1972.
It must undergo a lengthy approval process, however, and it’s almost certain to face challenges from opponents.
The proposal comes on the same day that the Supreme Court said a 12-year-old transgender girl in West Virginia can continue competing on her middle school track and cross-country teams while legal battles over the state’s transgender law continue.
The law bans transgender athletes from female teams.
All told, at least 16 now have bans in effect covering at least high school interscholastic sports. Some also extend to intramural, club or college sports.
Enforcement of bans in at least three states has been put on hold by courts, and one more has adopted a ban that doesn’t take effect until July.
Under the department’s proposed rule, no school or college that receives federal funding would be allowed to impose a “one-size-fits-all” policy that categorically bans trans students from playing on sports teams consistent with their gender identity.
