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The Biden administration has decided to delay a new rule that would prevent blanket bans barring transgender students from participating in the sport consistent with their gender identity, the Washington Post reported Wednesday.
The report comes as the Biden administration is working to finalize sweeping new regulations overhauling the gender equity law, Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational settings. The proposed changes would prohibit discrimination based on sexual orientation and gender identity and alter the way colleges respond to reports of sexual harassment and assault. The final Title IX rules are expected once the Office of Management and Budget (OMB) finishes its review of the regulations, which is currently slated to wrap up by April 11.
When the Education Department sent the broader Title IX rule to OMB for review in February, it held off on sending the athletics rule—an initial sign that the regulation could be delayed. The Post, citing unnamed officials, reported that the Biden administration decided to not move forward with the athletes rule before the election because of the politics involved.
Republicans have seized on the issue, strenuously opposing the proposed federal rule and floating legislation to define sex under Title IX as a person’s reproductive biology and genetics at birth. Former President Donald Trump has vowed to ban trans women from women’s sports if he's re-elected. The department received more than 150,000 comments on the rule, which was released last April. The comments reflected the sharp divides in the country over transgender rights. The department has to review and respond to those comments before issuing a final rule.
With 25 states enacting bans that prevent transgender students from participating in the sport consistent with their gender identity, LGBTQ activists have pushed the Biden administration to move quickly to finalize both rule changes.
