Yale’s Iszac Henig, a trans man and competitive swimmer, looks up the scoreboard after swimming in a qualifying heat of the 100-yard freestyle at the Ivy League Women’s Swimming and Diving Championships at Harvard University, Feb. 19, 2022, in Cambridge, Mass. Schools and colleges across the U.S. would be forbidden from enacting outright bans on transgender athletes under a proposal released Thursday, April 6, 2023, by the Biden administration. (Mary Schwalm/AP)
A Biden administration proposal to forbid outright bans on transgender athletes sparked outrage from conservative leaders while also angering trans rights activists who note schools could still prevent some athletes from participating on teams that align with their gender identity.
The proposed rule, which still faces a lengthy approval process, establishes that blanket bans, like those that have been approved in at least 20 states, would violate Title IX, the landmark gender-equity legislation enacted in 1972. But schools could still adopt policies that limit transgender students’ participation, particularly in more competitive high school and college sports.
Advertisement
Under the proposal, it would be much more difficult for schools to ban, for example, a transgender girl in elementary school from playing on a girls basketball team. But it would also leave room for schools to develop policies that prohibit trans athletes from playing on more competitive teams if those policies are designed to ensure fairness or prevent sports-related injuries.
Imara Jones, a trans woman who created “The Anti-Trans Hate Machine” podcast, said the proposal shows that President Joe Biden is attempting to “straddle the fence” on a human rights issue ahead of an election year by giving legal recourse to schools that bar some trans athletes from competition.
Advertisement
“The Biden Administration framed their proposal as a ban on blanket discrimination against trans athletes. But actually, it provides guidelines for how schools and universities can ban trans athletes legally,” Jones said in a statement.
U.S. Rep. Alexandria Ocasio-Cortez, a New York Democrat, also offered pointed criticism, saying in a tweet that the plan was “indefensible and embarrassing.”
Erin Reed, a prominent trans activist and researcher, said the proposal “alarmingly” echoes right-wing talking points, which argue that trans participation could increase injuries and take away scholarship opportunities from female athletes who are cisgender, meaning their gender identity matches the sex they were assigned at birth. She worries school boards and lawmakers will use it to justify bans.
Extensive research is virtually nonexistent when it comes to determining whether adolescent trans girls have a clear athletic advantage over cisgender girls.
“I can’t read this any other way than a betrayal,” Reed said in a tweet. “This entire document is worse than doing nothing.”
Sean Ebony Coleman, a trans activist and founder of the LGBTQ+ center Destination Tomorrow in New York, said policymakers — particularly on a national level — need to completely rule out any option for trans people to be further ostracized.
“While it hypothetically prevents across-the-board bans, it offers enough gray area for discrete gender policing and demonization to occur, specifically on a local level,” Coleman said.
Still, some transgender athletes welcomed the proposal as an important first step toward protecting trans kids’ access to sports.
Advertisement
“I would love to see protections expanded to include elite and collegiate sports, but this seems like a good start,” said Iszac Henig, a trans man and competitive swimmer at Yale University. “Trans athletes should have the ability to compete on the team of their choice if their athletic skills allow it.”
Doriane Coleman, a law professor at Duke University, said the proposal allows for schools that receive federal funding to “still choose to have male and female sports teams” and makes sense compared with the “one-size-fits-all approach” found in some states.
“You wouldn’t be able to make the same argument for kindergarten or elementary school sport that you can make for elite high school and college sport under this two-part test,” Coleman said.
A way that the federal government, states and advocacy groups can avoid “piecemeal litigation” is by making clear “there is a body of evidence to support generalizable sex-specific eligibility standards for each sport at each level of development,” she said.
The proposal was quickly assailed by many Republican leaders who said they were ready to fight the plan in court.
“South Dakota will not allow this to stand,” Gov. Kristi Noem tweeted. “We will lead. We will defend our laws.”
Advertisement
Alabama Attorney General Steve Marshall issued a statement suggesting the state might also try to challenge the federal rule. Alabama lawmakers in 2021 approved legislation that bans trans women and girls from participating on female sports team in K-12 schools. It was also one of 20 states that filed a lawsuit in 2021 seeking to halt directives that extend federal sex discrimination protections to LGBTQ+ people.
“I have made myself abundantly clear to the Biden Administration that he will NOT impose his radical policies on Alabama athletes. He will NOT destroy athletic competition for our young women & girls. In Alabama our law protects girls’ sports. Stay tuned!” Marshall said in a statement.
The public will have 30 days to comment on the proposal after it is published in the Federal Register. After that, the U.S. Department of Education will review the comments and decide whether any changes are needed before issuing a final rule.
Murphy reported from Oklahoma City, and Schoenbaum reported from Raleigh, N.C. Associated Press writers Carole Feldman in Washington, D.C., Erica Hunzinger in Denver, Kimberly Chandler in Montgomery, Ala., Pat Eaton-Robb in Hartford, Conn., and John Hanna in Topeka, Kan., contributed.
President Biden’s sports plan angers transgender advocates and opponents
- Advertisment - 
Recent Comments
on Ford Blue Cruise: US regulators investigate fatal crashes involving hands-free driving technology
on Arsenal highlighted for spending 26 seconds taking corner v Everton – Sky Sports’ tweet backfires
on Inside Hoda Kotb and Jenna Bush Hager’s ‘amazing’ luxury spring break vacations with their families
on Inside Floyd Mayweather’s Lavish Lifestyle: A Look at His Stunning Car Collection and Private Jet
on In
on If Tom Cruise Ever Gets A Theme Park, Here’s What Movies Should Get Their Own Rides And Attractions
on ‘I Will Immediately Retire From Boxing and Fight Jorge Masvidal…’: Jake Paul Starts 2023 With a Bang
on How The Other Half Fly: VistaJet Goes To Enviable Lengths To Make Air Travel Better For Your Body
on Hollywood Reporter: Tom Cruise negotiated with movie studios over AI before the actors strike began
on Growing number of sports bras, athletic wear found with high levels of toxic chemical, watchdog says
on GM Cruise Setbacks And EV Profitability Concerns: Analyst Lowers Expectations for Future Investments
on Fresno State at Nevada live stream, odds, channel, prediction, how to watch on CBS Sports Network
on Ford Blue Cruise: US regulators investigate fatal crashes involving hands-free driving technology
on Following Exchange With Caitlin Clark At News Conference, Columnist Won’t Cover Indiana Fever Games
on Florida lawmakers introduce bills that would criminalize storming fields, courts at sporting events
on FIU vs. Jacksonville State live stream, how to watch online, CBS Sports Network channel finder, odds
on Erdogan to attend Turkey-Netherlands Euro 2024 quarterfinal amid diplomatic row with host Germany
on East Carolina vs. Tulane basketball game postponed following death of Pirates announcer Jeff Charles
on EA Sports College Football 25, among most anticipated sports video games in history, hits the market
on Dubai International Airport sees 41.6 million passengers in first half of year, more than in 2019
on Dozens of boats cruise the Seine in a rehearsal for the Paris Olympics’ opening ceremony on July 26
on Dozens of boats cruise the Seine in a rehearsal for the Paris Olympics’ opening ceremony on July 26
on Donovan Mitchell will be extra motivated to carry the Cavaliers, plus other best bets for Tuesday
on Disney Cruise Line Announces New Fireworks Show and More Details About ‘Silver Anniversary at Sea’
on Devout athletes find strength in their faith. But practicing it and elite sports can pose hurdles
on Despite strong Lunar New Year holiday data, consumer spending in China isn’t roaring back just yet
on Death toll from Ian, storm-caused flooding crosses 50 people; remnants to dissipate over Virginia
on David and Victoria Beckham so ‘Charmed’ by Tom Cruise They Have His Photos on Display at Their Home
on Dave Portnoy: Taylor Swift’s security should ‘drag Kim Kardashian to jail’ if she attends Eras Tour
on Dallas Cowboys Will “Bring You Nothing But Bad Luck”, Sports Media Vet Warns Luka Doncic’s Mavericks
on Cruise worker accused of stabbing woman and 2 security guards with scissors on ship headed to Alaska
on Cruise guest gets stuck on ‘claustrophobic’ water slide suspended over ocean: ‘That is super scary’
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on “Completely Tormented”: How Tom Cruise Was Almost Cast In The Shawshank Redemption (& Why He Wasn’t)
on “Completely Knocked Me Out”: Rob Lowe Recalls Boxing Match With Tom Cruise On 1983 Brat Pack Classic
on Comparing the Humongous Combined Wealth of Latest Business Partners Lewis Hamilton and Rory McIlroy
on Colorado State vs. New Mexico live stream, channel, prediction, how to watch on CBS Sports Network
on College basketball rankings: Virginia joins preseason Top 25 And 1, ready to contend for ACC title
on College basketball rankings: Kansas helps Big 12 lead conference race for most Top 100 And 1 players
on CBS Sports announces Matt Ryan will join NFL studio show. Longtime analysts Simms and Esiason depart
on Can Tom Cruise Save The Box Office Again With Mission: Impossible – Dead Reckoning? An Investigation
on Cam Newton’s Violent Public Incident Draws Hilarious Reaction From 3x All-Star: “Where Do I Sign Up
on “Bro Is Jogging”: Resurfaced Video of Usain Bolt’s 9.84 Seconds Run, Leaves Sports World in Denial
on Braun Strowman Reportedly Set for WWE Return Abroad on Promotional Tour After 6 Months Out Injured
on Brad Keselowski Feels NASCAR Could Welcome New Manufacturer Soon Amid Martin Truex Jr’s Engine Tests
on Boise State vs. Nevada live stream, odds, channel, prediction, how to watch on CBS Sports Network
on Boise State vs. Air Force live stream, odds, channel, prediction, how to watch on CBS Sports Network
on Big Tech companies will cover travel expenses for employees’ medical procedures, including abortion
on Biden: ‘At this point I’m not’ planning to visit East Palestine, Ohio, after toxic train derailment
on Best places to travel in 2023: National Geographic unveils list of top 25 destinations for next year
on Ask Amy: Should I keep my RSVP simple and just gracefully decline or say I can’t afford the trip?
on As more abortion bans occur, many patients must travel hundreds of miles for care – or be stranded
on Air Force vs. Utah State live stream, how to watch online, CBS Sports Network channel finder, odds
on After UFC Fallout, Conor McGregor Offers a Valuable Piece of Advice to Free Agent Francis Ngannou
on A weaker dollar, skyrocketing prices and ‘record’ visitor numbers: Good luck in Europe this summer
on A missile fired by Houthis strikes a US-owned vessel off Yemen in the Gulf of Aden, raising tensions
on A heavy wave of Russian missile attacks pounds areas across Ukraine, killing at least 4 civilians
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on $12M Worth Dawn Staley Sports Pricey Jordans While Witnessing Joel Embiid’s Suffering Against Knicks
on Dozens of boats cruise the Seine in a rehearsal for the Paris Olympics’ opening ceremony on July 26
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on If you’re a frequent traveler, these wrap tops from Aday will revolutionize your on-the-go wardrobe
on 2024 Super Bowl: CBS Sports Network and CBS Sports HQ to combine for 115 hours of weeklong coverage
on Sports World Hails ‘Superwoman’ Lindsey Vonn for Her Grand Comeback Despite Career-Changing Injury
on How Does Jack Nicklaus Travel? Exploring the Private Jets Owned by the ‘Golden Bear’ Over the Years
on College basketball rankings: Kansas helps Big 12 lead conference race for most Top 100 And 1 players
on A weaker dollar, skyrocketing prices and ‘record’ visitor numbers: Good luck in Europe this summer
on Lamar Jackson: NFC side tipped to be ‘overwhelming’ Super Bowl favourites if they signed Ravens QB
on ICC T20 World Cup 2022: “Love Cricket At All Levels, I’ll Watch Any Cricket, And Love Going There”
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on Joe Manchin and Tommy Tuberville introduce bill on name, image and likeness rules for college sports
on San Mateo County Community College District sues five companies over role in ‘pay to play’ scandal
on If you’re a frequent traveler, these wrap tops from Aday will revolutionize your on-the-go wardrobe
on “Completely Knocked Me Out”: Rob Lowe Recalls Boxing Match With Tom Cruise On 1983 Brat Pack Classic
on Biden to tout bill’s prescription drug prices, energy provisions in pitch to Americans, aide says
on Following Exchange With Caitlin Clark At News Conference, Columnist Won’t Cover Indiana Fever Games
on Inside Out Mini Jawbreaker Puzzle Game from Disney Cruise Line Now Available at Walt Disney World
on Katherine Paprocka allegedly embezzled nearly $600k from school for family vacations, IVF treatment
on Johnny Knoxville Talks Jackass Stunts And How They Compare To Tom Cruise’s Mission: Impossible Work
on Napoli owner admits he ‘knew’ Victor Osimhen would end up at ‘Real Madrid, PSG or one English club’
on Camilla Parker Bowles Revealed the ‘Nicest Thing’ She and Prince Charles Do When They Travel Is Free
on Russian cruise and ballistic missiles kill 4 in Ukraine and Ukrainian rockets kill 2 in Russian city
on Can Tom Cruise Save The Box Office Again With Mission: Impossible – Dead Reckoning? An Investigation
on Boise State vs. Air Force live stream, odds, channel, prediction, how to watch on CBS Sports Network
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on College basketball rankings: Kansas helps Big 12 lead conference race for most Top 100 And 1 players
on Inside Floyd Mayweather’s Lavish Lifestyle: A Look at His Stunning Car Collection and Private Jet
on Cruise guest gets stuck on ‘claustrophobic’ water slide suspended over ocean: ‘That is super scary’
on David and Victoria Beckham so ‘Charmed’ by Tom Cruise They Have His Photos on Display at Their Home
on Boston College vs. Army live stream, how to watch online, CBS Sports Network channel finder, odds
on Big Tech companies will cover travel expenses for employees’ medical procedures, including abortion
on Russian cruise and ballistic missiles kill 4 in Ukraine and Ukrainian rockets kill 2 in Russian city
on A weaker dollar, skyrocketing prices and ‘record’ visitor numbers: Good luck in Europe this summer
on GameFly Sale Offering Nintendo Switch Sports at a Mind-Blowing Price, Don’t Miss the Opportunity!
on Ford Blue Cruise: US regulators investigate fatal crashes involving hands-free driving technology
on San Mateo County Community College District sues five companies over role in ‘pay to play’ scandal
on 2024 Super Bowl: CBS Sports Network and CBS Sports HQ to combine for 115 hours of weeklong coverage
on Despite strong Lunar New Year holiday data, consumer spending in China isn’t roaring back just yet
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on Devout athletes find strength in their faith. But practicing it and elite sports can pose hurdles
on The Rev. Al Sharpton to lead protest after Florida governor’s ban of African American studies course
on After UFC Fallout, Conor McGregor Offers a Valuable Piece of Advice to Free Agent Francis Ngannou
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on Saipan, placid island setting for Assange’s last battle, is briefly mobbed – and bemused by the fuss
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on David and Victoria Beckham so ‘Charmed’ by Tom Cruise They Have His Photos on Display at Their Home
on Iowa State starting RB Jirehl Brock among latest college football players charged in gambling probe
on Biden to tout bill’s prescription drug prices, energy provisions in pitch to Americans, aide says
on Iowa State starting RB Jirehl Brock among latest college football players charged in gambling probe
on The Rev. Al Sharpton to lead protest after Florida governor’s ban of African American studies course
on Sports World Hails ‘Superwoman’ Lindsey Vonn for Her Grand Comeback Despite Career-Changing Injury
on San Mateo County Community College District sues five companies over role in ‘pay to play’ scandal
on Saipan, placid island setting for Assange’s last battle, is briefly mobbed – and bemused by the fuss
on ‘Pokémon Scarlet’ and ‘Violet’ Fan Theories Suggest Legendary Time Travel, Alternate Dimension Plot
on Joe Manchin and Tommy Tuberville introduce bill on name, image and likeness rules for college sports
on Inside the Michael Jordan ‘Air’ movie, plus why NFL, others are buying into the sports film industry
on If you’re a frequent traveler, these wrap tops from Aday will revolutionize your on-the-go wardrobe
on How Does Jack Nicklaus Travel? Exploring the Private Jets Owned by the ‘Golden Bear’ Over the Years
on Hollywood Reporter: Tom Cruise negotiated with movie studios over AI before the actors strike began
on Ford Blue Cruise: US regulators investigate fatal crashes involving hands-free driving technology
on Dozens of boats cruise the Seine in a rehearsal for the Paris Olympics’ opening ceremony on July 26
on Devout athletes find strength in their faith. But practicing it and elite sports can pose hurdles
on Despite strong Lunar New Year holiday data, consumer spending in China isn’t roaring back just yet
on David and Victoria Beckham so ‘Charmed’ by Tom Cruise They Have His Photos on Display at Their Home
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on CBS Sports announces Matt Ryan will join NFL studio show. Longtime analysts Simms and Esiason depart
on Boston College vs. Army live stream, how to watch online, CBS Sports Network channel finder, odds
on Boise State vs. Air Force live stream, odds, channel, prediction, how to watch on CBS Sports Network
on Biden to tout bill’s prescription drug prices, energy provisions in pitch to Americans, aide says
on After UFC Fallout, Conor McGregor Offers a Valuable Piece of Advice to Free Agent Francis Ngannou
on 2024 Super Bowl: CBS Sports Network and CBS Sports HQ to combine for 115 hours of weeklong coverage
on ‘Best Intention’: Chris Kirk Has Absolute Trust in Jay Monahan and PGA Tour’s Widely Debated Model
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on “Completely Knocked Me Out”: Rob Lowe Recalls Boxing Match With Tom Cruise On 1983 Brat Pack Classic
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on “Completely Knocked Me Out”: Rob Lowe Recalls Boxing Match With Tom Cruise On 1983 Brat Pack Classic
on CBS Sports announces Matt Ryan will join NFL studio show. Longtime analysts Simms and Esiason depart
on Carlos Sainz’s Soccer Fanboy Emerges as Spaniard Shares Defining Moment With This Real Madrid Legend
on Biden: ‘At this point I’m not’ planning to visit East Palestine, Ohio, after toxic train derailment
on ‘Best Intention’: Chris Kirk Has Absolute Trust in Jay Monahan and PGA Tour’s Widely Debated Model
on Ahead of big sports weekend, dispute with Disney leaves millions of cable subscribers in the dark
on A heavy wave of Russian missile attacks pounds areas across Ukraine, killing at least 4 civilians
on 2024 Super Bowl: CBS Sports Network and CBS Sports HQ to combine for 115 hours of weeklong coverage
on 2023 NFL All-Rookie Team: CBS Sports draft expert, former GM unveil league’s best first-year players
on Army vs. Coastal Carolina live stream, how to watch online, CBS Sports Network channel finder, odds
on AL Rookie of the Year Julio Rodriguez Spreads Joy and Sportsmanship to the Youth of Loma de Cabrera
on After UFC Fallout, Conor McGregor Offers a Valuable Piece of Advice to Free Agent Francis Ngannou
on Dubai International Airport sees 41.6 million passengers in first half of year, more than in 2019
on Devout athletes find strength in their faith. But practicing it and elite sports can pose hurdles
on Despite strong Lunar New Year holiday data, consumer spending in China isn’t roaring back just yet
on Dave Portnoy: Taylor Swift’s security should ‘drag Kim Kardashian to jail’ if she attends Eras Tour
on CONCEPT ART: New Details Revealed for Disney Cruise Line Lookout Cay at Lighthouse Point Destination
on “Completely Knocked Me Out”: Rob Lowe Recalls Boxing Match With Tom Cruise On 1983 Brat Pack Classic
on CBS Sports, Serie A announce new TV rights deal; Paramount+ to air over 400 Italian soccer matches
on Cam Newton’s Violent Public Incident Draws Hilarious Reaction From 3x All-Star: “Where Do I Sign Up
on Boston College vs. Army live stream, how to watch online, CBS Sports Network channel finder, odds
on Angel Reese Launches Foundation Dedicated To Empowering Women Through Sports & Financial Literacy
on A weaker dollar, skyrocketing prices and ‘record’ visitor numbers: Good luck in Europe this summer