Parents Defending Education’s Comments on the Department of Education’s Request for Comments Regarding Proposed Rulemaking: Sex-Related Eligibility Criteria for Male and Female Athletic Teams

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On May 15, Caroline Moore, vice president of Parents Defending Education, submitted comments to the U.S. Department of Education in response to their request for comments, Docket ID ED-2022-OCR-0143.

As the comments note, “the Proposed Rule establishes a new standard for Title IX recipients to apply when determining whether the recipient can limit or deny participation on an athletic team associated with one’s gender identity rather than one’s biological sex. The Department of Education asserts that the new standard is necessary, in part, because States “have created additional uncertainty” by categorically restricting athletic participation based on biological sex. But the Department’s Proposed Rule injects a confusing balancing test where Title IX recipients must evaluate the “educational objective” of the competition and “minimize harms” to students before determining whether the recipient will permit a transgender athlete to compete on a team associated with their gender identity rather than their biological sex. This is not only confusing, it’s also unlawful.”

“Title IX exists for important reasons. And its application in the context of sports furthers the important goal of providing opportunities for adolescent girls and adult women alike. The Department can dress up its Proposed Rule in language like “fair,” “safe,” and “equitable.” At its core, though, the Proposed Rule is anything but. Accordingly, PDE strongly opposes finalizing the Proposed Rule.”

PDE’s full comments can be found here.