Biden Administration Wades Into Transgender Debate With Proposed Athletics Rule
The Education Department proposed a regulation Thursday that would allow schools to limit participation of nonbinary and transgender students on university and K-12 school sports teams but would not allow schools to "categorically" ban them from teams. Separately, the Supreme Court refused to reinstate a ban on transgender athletes in West Virginia.
USA Today:
Education Department Issues Proposed Title IX Rule On Sports Inclusion
Schools and colleges largely could not ban nonbinary and transgender students from sports teams, the Biden administration said Thursday in a long-promised proposed rule to protect these students from discrimination. “Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination," U.S. Secretary of Education Miguel Cardona said in a statement that included details of the rule. (Jimenez, 4/6)
The New York Times:
Biden Plan Sets New Rules For Transgender Athletes And School Sports
Under the Department of Education proposal, “categorically” barring transgender athletes in that way would be a violation of Title IX, which prohibits sex discrimination at educational institutions that receive federal funding. But it would give universities and K-12 schools the discretion to limit the participation of transgender students, if they conclude that including transgender athletes could undermine competitive fairness or potentially lead to sports-related injuries, a key part of the debate about transgender athletes in women’s sports. (Mervosh, Tumin and Sasani, 4/6)
In related news from the Supreme Court —
The Washington Post:
Supreme Court Refuses To Reinstate West Virginia’s Transgender Athlete Ban
The Supreme Court on Thursday refused to immediately reinstate a West Virginia law barring transgender athletes from playing on female sports teams from middle school through college, avoiding for now a stand on a controversial issue that has divided society. The 2021 law was challenged by 12-year-old Becky Pepper-Jackson, who wants to remain on her middle school’s girls track team. The law has largely been on hold since its passage, and an appeals court is reviewing its constitutionality. The law defines eligibility for certain sex-specific teams to “be based solely on the individual’s reproductive biology and genetics at birth.” (Barnes and Marimow, 4/6)
From Indiana, Kansas, and North Dakota —
Indianapolis Star:
Indiana Senate Pares Down Bill Targeting Student Pronouns
The Indiana Senate stripped down a bill restricting transgender schoolchildren's ability to use preferred names and pronouns Thursday to just require parental notification rather than consent of the change. The amendment, filed by Sen. Stacey Donato, R-Logansport, to House Bill 1608 also removes a clause that had protected teachers who refuse to use the new name or pronoun. (Charron and Dwyer, 4/6)
The Hill:
Kansas Lawmakers Advance Bill Allowing Parents To Bar Their Kids From LGBTQ Lessons
Kansas lawmakers approved a bill Thursday that would allow parents to opt their children from lessons on LGBTQ topics in school. The Republican-controlled Kansas House passed the bill with a 76-46 vote, paving the way for it to be sent to Kansas Gov. Laura Kelly (D). If enacted, the bill, which was passed by the state Senate last week, would allow parents to choose an alternate activity or lesson for their children in K-12 to a lesson or activity they feel “impairs the parent’s sincerely held beliefs, values or principles.” (Sforza, 4/6)
The Washington Post:
Eight Bills Targeting Transgender Rights In North Dakota On Governor’s Desk
North Dakotans are awaiting word on whether Gov. Doug Burgum (R) will sign or veto a hefty package of bills that would restrict transgender rights, which was passed by the state Senate on Tuesday. The eight pieces of legislation would have wide-ranging effects on transgender minors and adults — from school sports to health care to workplace rights. If Burgum signs the bills, medical professionals would be prohibited from providing gender-affirming care to minors, transgender girls and women wouldn’t be allowed to join girls' sports teams from kindergarten through high school and college, and another would create a new rule for gender markers on birth certificates. (Kindy, 4/7)
