Biden leaving trans athletes out of Title IX rewrite is '100% political,' parent org says

WASHINGTON (CITC) — A controversial provision centered around transgender athletes was notably absent from the Biden administration's Title IX rewrite Friday, prompting questions about the president's intentions.

The U.S. Department of Education released its revised Title IX regulations Friday after months of debate. The regulations, which will take effect on August 1, broaden Title IX to prohibit discrimination based on sexual orientation and gender identity in educational institutions receiving federal funding.

Additionally, the rewrite reverses certain regulations put in place for handling sexual assault complaints enacted under the Trump administration, including expanding the scope of what constitutes as sexual harassment.

These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights," Education Secretary Miguel Cardona said in a statement.

However, a proposal from last April, which indicated schools could not implement blanket bans on athletes competing in sports based on gender identity, was placed on hold Friday. Some feel the move is designed to bolster President Joe Biden's reelection efforts, pointing to polling which suggests most Americans believe athletes should compete based on biological sex.

READ MORE | Parent group sues Biden admin for records related to Title IX, gender identity issues

"I think it's 100% political," Erika Sanzi, the Director of Outreach for Parents Defending Education, told Crisis in the Classroom (CITC). "I think because the Biden administration knows how unpopular that is ... my sense is that they see potential political damage in this election year."

Both women's sports advocates and members of Congress have amplified calls recently to restrict athletes from competing based on gender identity. Earlier this week, 17 House Republicans penned a letter urging the NCAA to mirror a recent National Association of Intercollegiate Athletics (NAIA) decision to "ban biological men from women's sports."

Last month, 16 female athletes filed a lawsuit against the NCAA, claiming the association knowingly violates Title IX through its practices. Under current NCAA policy, student-athletes are allowed to both compete and use facilities, such as locker rooms, based on gender identity.

READ MORE | New Hampshire advances bill banning student sports participation based on gender identity

The Biden administration is already facing demands to revisit Friday's rewrite to more clearly include transgender athletes.

"This rule delivers tremendous progress, but I remain steadfast in urging the Department of Education to continue its work to clarify protections for trans student athletes — trans youth deserve to play sports with their friends just like anyone else," Sen. Patty Murray, D-Wash., said Friday.

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