On May 15, 2023, Caroline Moore, vice president of Parents Defending Education, submitted comments to the U.S. Department of Education on its proposed rule on sex-related eligibility for male and female athletic teams (Docket ID ED-2022-OCR-0143). Title IX is the federal law that bans sex discrimination in schools that receive federal funds.
The proposed rule would set a new standard for schools deciding whether they may limit or deny a student’s place on a team that matches the student’s gender identity rather than biological sex. The Department claimed the change was needed partly because states “have created additional uncertainty” by limiting sports participation based on biological sex. As PDE’s comments explain, the rule instead creates a confusing balancing test: schools would have to weigh the “educational objective” of a competition and “minimize harms” to students before deciding whether a student who identifies as transgender may play on a team that matches their gender identity. “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.”
PDE strongly opposed finalizing the proposed rule.
Read the full comments below:
