Friday, Jan. 10, 2025
Did the Biden Administration use Title IX to ‘force’ participation of trans student athletes in Oklahoma schools?
The Biden Administration proposed an amendment to Title IX that barred categorical bans against trans student athletes, but later withdrew it.
The provision would have blocked outright prohibitions of trans student athletes while allowing schools to limit their participation if related to a government objective such as fairness in competition or injury prevention.
Biden’s Department of Education first introduced the provision in April 2023 but omitted it from its final rule change a year later. It was formally withdrawn in December 2024, with the department citing pending lawsuits and the public comments it received.
The final rule change expands Title IX’s prohibition of sex-based discrimination in education to sexual orientation and gender identity. The Department of Education cited a 2020 Supreme Court decision barring discrimination against sexual orientation in the workplace as precedent.
The rule faces multiple legal challenges and is currently blocked in 26 states.
This fact brief is responsive to conversations such as this one.
Sources
- Federal Register Federal Register :: Request Access
- AP News Biden’s new Title IX rules protect LGBTQ+ students, but avoid addressing transgender athletes
- Federal Register Federal Register :: Request Access
- Oyez Bostock v. Clayton County
- Education Week Which States Have Sued to Stop Biden’s Title IX Rule?
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