LGBT+ activists expressed their anger over the Biden administration’s revisions to Title IX in support of transgender athletes, saying it doesn’t go far enough to protect transgender youth.
The proposed revision, which was released by the Education Department, would prevent policies that “categorically” ban transgender athletes from participating in school sports on teams that align with their gender identity instead of their biological sex.
It represents a direct affront to the twenty states that passed bans doing exactly that.
However, under the proposal, K-12 schools would still be permitted to place limits on transgender athlete participation if district officials determine including them would undermine competitive fairness or increase the risk of injuries, according to a senior Education Department official.
“The proposed regulation would give schools flexibility to identify their own important educational objectives,” instead of the federal government implementing a blanket order.
Activists Feel ‘Betrayed’
LGBT+ activists responded with mixed reactions. Some broader organizations celebrated the perceived win, but transgender-focused activists said the revision is actually harmful.
Kelley Robinson, President of the Human Rights Campaign, said, “State lawmakers take note — discriminating against transgender athletes is wrong and a violation of federal law. This new rule makes that abundantly clear.”
But Imara Jones, the founder of TransLash Media, said, “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.”
Transgender activist Alejandra Caraballo, an instructor at Harvard Law School’s Cyberlaw Clinic, called the proposal a “backwards betrayal” on Twitter.
“He could have just done nothing,” she wrote. “This is legitimizing transphobia.”
Also on Twitter, New York Representative Alexandria Ocasio-Cortez said, “Absolutely no reason for the Biden admin to do this. It is indefensible and embarrassing. The admin can still walk this back, and they should. It’s a disgrace.”
