Nine months have passed since the Biden administration proposed explicit civil rights protections for LGBTQ students, but there鈥檚 still no word from the administration on whether the protections apply to transgender athletes.
The U.S. Department of Education last June released proposed changes to Title IX, the federal civil rights law that prohibits discrimination based on sex, that would grant explicit protections for students based on their gender identity and sexuality.
At the time, the department said it would conduct separate rulemaking to address whether the landmark law applies to transgender athletes鈥� participation in school sports, but it has yet to announce further action.
Now, after 18 states have banned transgender athletes from participating in sports consistent with their gender identity, House Republicans have proposed a national ban after gaining a majority in the chamber after last year鈥檚 elections.
In February, Rep. Gregory Steube, R-Fla., introduced a one-page bill that would prohibit public schools from allowing transgender women and girls from participating in girls鈥� sports. It would amend Title IX to explicitly bar 鈥渁 person whose sex is male鈥� from taking part 鈥渋n an athletic program or activity that is designated for women or girls.鈥�
鈥淯p until a few years ago, having women鈥檚-only leagues was considered common sense,鈥� Rep. Burgess Owens, R-Utah, said during a March 8 House Committee on Education and the Workforce meeting to propose amendments to Steube鈥檚 bill. 鈥淎llowing biological men to compete in women鈥檚 sports not only eclipses women but erases them from the winner鈥檚 circle altogether.鈥�
The Human Rights Campaign has called the bill 鈥渄iscriminatory and harmful.鈥� And other organizations, including the Leadership Conference on Civil and Human Rights, the American Federation of Teachers, GLSEN, the National Education Association, and the National Women鈥檚 Law Center, .
鈥淎 federal sports ban would alienate me from my community and prevent me from continuing to become a better version of myself,鈥� Rebekah Bruesehoff, a 16-year-old transgender field hockey player and high school sophomore, said during a news conference hosted by the Congressional Equality Caucus before the March 8 committee meeting. 鈥淚t would limit access to essential life skills that we want all kids to have, like grit, determination, and learning to work with others towards a common goal.鈥�
The debate over the issue has left transgender athletes like Rebekah in limbo and forced them to navigate changing laws about their identity and existence.
Only 1.8 percent of high school athletes identify as transgender, according to a 2019 study from the Centers for Disease Control and Prevention. But 18 states have laws prohibiting them from participating in sports consistent with their gender identity, according to the Movement Advancement Project, an organization that tracks LGBTQ-related policies.
Little movement from Education Department
The changes to Title IX proposed in June would broaden the definition of sex-based harassment and discrimination to include gender identity and sexuality. That means schools would be required to allow transgender students to use bathrooms and locker rooms and participate in nonathletic activities that are consistent with their gender identity or risk losing federal funding.
The department collected over 200,000 public comments on the proposed changes, and is expected to review them as it finalizes the rules, but it hasn鈥檛 provided a timeline for that process.
The department, however, said the proposed changes don鈥檛 apply to athletics and announced that it would start a separate rulemaking process to tackle that issue. But the administration hasn鈥檛 provided a timeline for that process, either, or released any information about it since last June.
Department officials didn鈥檛 respond to requests for comment about the timeline.
While they are grateful for what the Biden administration has done so far, the lack of a final rule is frustrating for LGBTQ advocates.
鈥淛ust imagining the experience of young people and of families hearing the rhetoric come out of policymakers who are just misrepresenting who they are and the way they are in the world, it鈥檚 time for some leadership from the president that makes clear that this administration is committed to civil rights, committed to equal opportunity, and to Title IX,鈥� said Liz King, senior director of education equity at the Leadership Conference on Civil and Human Rights. 鈥淲e need a final rule now.鈥�
The department鈥檚 Office for Civil Rights , but it does not include any information on how the law applies to discrimination based on gender identity or sexuality. Instead, it provides examples of situations at schools that would raise Title IX concerns, such as disparities in playing conditions for boys鈥� and girls鈥� teams.
If the Education Department explicitly said transgender youth can participate in sports consistent with their gender identity, Rebekah said such a move would affirm transgender athletes鈥� value to society and ensure their access to sports.
鈥淔ield hockey gives me so much鈥攃onfidence, strength, and a place to belong,鈥� she said during the March 8 news conference. 鈥淔or me, it鈥檚 not just my sport, it鈥檚 my community.鈥�
