The Biden administration proposed new rules that forbid schools to completely ban transgender athletes to participate in sports, but they would allow schools to ban some trance plays in competitions in high school and in college.
The proposal, which was met with mixed reactions of both transgender activists and republican lawmakers, appeared shortly after the Supreme Court ruled that the 12-year-old trans-girl would continue to participate on the way and crossed terrain as a test of the ban on Western Virginia, making his way through the courts.
Since the states throughout the country are considering blocking trans-sportsmen from participating in school sports, and these prohibitions are disputed in court, the department of education said that it is aimed at giving clarity for schools and families and emphasizing that general prohibitions on transgender students will be at risk of institutions and educational programs that receive federal funding in accordance with section IX, which will be discriminated against in coherent sex.
The Department of Education said that the rationale for the proposed changes in the rules of the title IX was to “develop the criteria for the right to participate in a team that serve as important objectives of education, such as ensuring justice in competition or preventing injuries associated with sports”.
The criteria used to determine the right to reception, a trance of sportsman will vary depending on sports, the level of competition and the level of education, but the rules say that they should “minimize the harm” of transgender students.
But the defenders of the transgender people say that although this leadership could be a successful intention, it is not enough to ensure the protection of transgender students who seek to participate in school sports, especially that 20 states imposed prohibitions on trans-sportsmen.
Erin Reed, trans-activist and journalist based on Washington, the District of Colombia, who tracks the legislation against the trance, said that it was stunned by the rules.
“Schools will consider these rules, and they will see that they will allow prohibitions if they serve as an“ educational goal ”, and if this minimizes the damage for students -traders,” said Reed BuzzFeed News. “In fact … this gives a play in order to accept the prohibitions and at the same time complies with the law.”
The leadership says that it would be difficult for schools to justify the exclusion of primary school students. However, when it comes to transgender students at the level of high school and college, Reed said that the language of the proposed rule does not mean whether the school would not comply with their discrimination.
“I think that the most frustrating part is that by leaving these unattended [Biden is] Leaving the open door, and he partly pays tribute to his right conversations,-said R. [Republicans] To capture this places where he lost to the earth. It will be like betrayal. ”
The Department claims that schools can use such documents as a birth certificate or driver’s license, and require physical exams or medical tests related to the student’s sex in order to “limit or refuse the student’s right to participate in accordance with their gender identity”.
Reed is worried that this kind of criteria can open the door for invasions to the confidentiality that repeat the problems of lawyers in KansasWhere republican lawmakers pushed the ban on trance studies in the sport of women and girls, despite the veto of the governor.
“I think this is troublesome, and this will be a big thing for such states as Kansas, who are trying to demand genital checks for sports,” said Reid. “I think that this document does not correspond to what it needs to do. It hurts more than the trance helps. ”
Other defenders of trans -broadcasts are also concerned about how the proposed rules can be applied.
Melanie Willingham-Jaggersers, the Glsen Executive Director, told BuzzFeed News in the statement that acceptability criteria “cannot be based on garbage science or fanaticism and should serve a legal goal.”
“This should mean that no transgender people, non-bins or intersexual students refuse to engage in school sports, but against the background of intensifying anti-transgender political attacks, we cannot count on good actors,” they said.
At a briefing in the press on Thursday, a reporter He asked The Department of Education, how will this be decided to ensure compliance with this rule in the States, which have already passed complete prohibitions on the trance of sportsmen.
“The Federal Law on Civil Rights is the Law of the Earth,” a senior official of the department told reporters. “The school committee refused in accordance with the law in the unlikely scenario, the instrument that has the Department is to initiate retention of funds and ensure that no federal dollars are spent on discrimination against students.”
The Department also nodded to the NCAA sports policy as an example of how to include transgender athletes, but the official said that the Department does not take a position regarding the Association policy.
Earlier on Thursday, at the White House press conference, press secretary Karin Jean-Pierre emphasized the terrible status of LGBT rights in the country. “This was one of the worst weeks of 2023 still from the point of view of anti-LGBTQ accounts,” she said, adding: “We have their back, this administration has its own back.”
The release of the proposed change in the rules on Thursday also caused strong criticism from the Republicans -Member of the Congress, who claimed that the explicit adoption of the Biden administration in relation to trans -sportsmen in school sports threatens to protect women and wider protection of the IX title.
“This crazy justice cannot stand”, a member of the House of Representatives of Andrew Clyde, a republican representative from Georgia, TwistedThe field “Mark my words: I will fight this awakened nonsense in the process of allocation.”
Senator Marshal Blackburn told Fox News that democrats are refusing to protect women. “On the left, of course, I intend to deprive them of the opportunity to competently compete,” she said.
The regulation will be open for public commentary within 30 days, and the department plans to complete the rule by May.
