Biden Administration Proposes Rule to Protect Transgender Athletes from Discrimination in School Sports

On Monday, the Biden administration proposed a rule that would protect transgender athletes from discrimination in school sports. The proposal comes on the same day that the Supreme Court ruled in favor of a 12-year-old transgender girl in West Virginia, allowing her to continue competing on her middle school track and cross-country teams while legal battles over the state’s transgender law continue.

The proposed rule is a political counterpunch to the 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. The law would ban transgender athletes from female teams.

The proposed rule must undergo a lengthy approval process before it can be finalized. It is almost certain to face challenges from opponents. The Department of Education will have to publish the proposed rule in the Federal Register and accept public comments for at least 30 days. After that, the department will review the comments and make any necessary changes before the rule is finalized.

The proposed rule is a step forward for transgender rights, but it is still a long way from becoming law. The Biden administration and its supporters will have to fight for the rule to be implemented. In the meantime, the Supreme Court’s ruling in favor of the 12-year-old transgender girl in West Virginia is a victory for transgender rights and a reminder that the fight for equality is far from over.