President Joe Biden is abandoning a previous initiative to create a rule to protect transgender athletes at the collegiate level as an extension of Title IX, multiple outlets reported on Saturday.
During a presidential transition, it is common for departing administrations to expedite or abandon executive actions to prevent an incoming president from distorting the intent of the original initiative.
The rule, which would have prevented schools from banning transgender athletes from competition without justification, was delayed several times after its initial proposal in 2023. The delays have caused a time crunch with the incoming president set to be sworn in on Jan. 20.
As part of Biden’s previous broader rule that extends civil rights protections to LGBTQ+ students under Title IX, the abandoned initiative would have prevented outright discrimination, with some limitations.
Schools would have had wiggle room to skirt the rule if they found reasons to adjust based on concerns over “fairness” in competition or to reduce injury risks.
The rule would have represented a compromise, with advocates wanting better protections for transgender athletes and opponents criticizing it for not doing enough to protect athletes and ensure fairness.
The broader policy on Title IX, finalized in the spring, has faced legal challenges in several states, preventing it from being adopted nation-wide thus far. Another rule on transgender athletes would have likely faced similar legal challenges.
A party-line bill passed by the House of Representatives in April would have barred female athletes who were born male from competing at federally supported colleges. That bill died in the Senate, with Biden saying he would veto it even it did advance.
–Field Level Media
Comments