The Title IX update, which will be implemented nationwide in August if it can overcome legal challenges, keeps the long-standing athletics regulation that allows sex-separate teams. But its 1,500 pages include 31 references to athletics and prohibits gender identity discrimination in any extracurricular activity.
The Department of Education's contentious update to Title IX has sparked widespread concern and legal challenges, with experts arguing that the current rule already allows transgender women to compete against biological females in sports.
The Title IX update expands the definition of sex discrimination and harassment to include gender identity and sexual orientation, which has significant implications for women-only spaces, conservative legal scholars argue. The Biden administration's claim that sports won't be affected is deceptive, since adding gender identity to Title IX could make schools feel coerced into allowing students to participate in sports teams that correspond with their preferred gender.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
Demonstrators cheered during a rally on the 50th anniversary of Title IX in Washington, D.C., expressing their opposition to the rule changes. Former teammates of transgender University of Pennsylvania swimmer Lia Thomas and legal experts like Sarah Parshall Perry argue that the update will prioritize biological men over women's rights.
Riley Gaines, a former teammate of Thomas, emphasized the need to protect biological women in sports, while Paula Scanlan, an Independent Women's Forum Ambassador, highlighted the unfair advantages transgender athletes may hold in competition.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
Organizations like the Women's Sports Foundation argue that schools should be obligated to accommodate transgender athletes under the Equal Protection Clause of the U.S. Constitution and Title IX's prohibitions against sex discrimination. However, legal challenges from conservative groups like Alliance Defending Freedom (ADF) and the Defense of Freedom Institute (DFI) allege that the update violates Title IX's original intent to protect women and girls.
In West Virginia, a federal judge initially allowed a transgender student to compete in female sports, but subsequent rulings have blocked the Biden administration from implementing the rule nationwide. More than 20 GOP-led states are trying to block the Title IX update.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
ADF is representing the parents of Adaleia Cross, a biological female athlete who alleges sexual harassment by a transgender student. The DOJ has argued that laws excluding transgender students from sports are discriminatory under Title IX. However, a federal appeals court ruled that separating sports by biological sex is a form of discrimination under Title IX.
Education Secretary Miguel Cardona faces a lawsuit from ADF parents over the Title IX update, which, according to ADF, has allowed a transgender athlete to displace biological girls in sports events. The parents emphasize the need to protect girls' sports and safe spaces.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
Legal experts like Perry predict a "battle royale" over competing claims, arguing that providing transgender athletes with the opportunity to compete on women's teams actually discriminates against biological females. The DOJ states that a state law limiting transgender participation in sports solely based on gender identity violates both Title IX and the Equal Protection Clause.
Scanlan, a former athlete, shares her experience witnessing the unfairness of transgender athletes competing against women. She highlights lost opportunities for female athletes and emphasizes the importance of separate athletic spaces for women. The original purpose of Title IX, she argues, is under attack by the policy change.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
Eitel of DFI calls the Biden administration's handling of the Title IX update a "head fake game" driven by political motivations. He believes the administration is holding back a specific rule on sports due to election year concerns.
May Mailman of the Independent Women's Law Center argues that the administration's insistence that the new rule doesn't implicate sports is "a total lie" driven by political appeasement. She predicts a "huge conflict" between women and transgender-identifying individuals due to the expanded definition of sex discrimination.
'Take Back Title IX': Rally to Protect Women's Sports from Biden's Overreach
