The Biden Administration quietly withdrew a proposed rule change to Title IX that would have clarified the eligibility of transgender athletes in school sports. The rule, which had sparked significant debate, was intended to ensure that schools could adopt policies on transgender participation while balancing fairness in women's sports.
The Department of Education released a docket on Friday claiming that the initial intent of the Biden Administration’s proposal was to "propose a regulatory standard under Title IX that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.”
In April 2023, the Biden Administration changed Title IX, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams.”
Alliance Defending Freedom Senior Counsel and Vice President of Legal Strategy Jonathan Scruggs praised the ruled change, saying that the “decision to withdraw the proposed sports rule merely reflects the views of the vast majority of Americans who believe that women’s sports should remain reserved for female athletes.”
More from Scruggs’ statement:
Women and girls deserve to compete on a level playing field, and the U.S. Department of Education has taken a step in the right direction by withdrawing this proposed change. As the withdrawal admitted, many Americans voiced their opposition to the rule change and there are many pending lawsuits related to protecting women’s sports—including a comment submitted by Alliance Defending Freedom and multiple lawsuits brought by ADF to protect women’s sports.
Unfortunately, the fight to protect women’s sports from gender ideology is far from over. The Biden administration has attempted to insert gender ideology into Title IX by its general Title IX rule adopted earlier this year, the Biden administration has repeatedly told courts that Title IX alone requires schools to admit men into women’s sports, and activist groups across the country have filed numerous lawsuits to force females to compete against males.
The Department of Education said the decision follows testimony heard during the comment period and the influence of ongoing lawsuits.
“The Department recognizes that there are multiple pending lawsuits related to the application of Title IX in the context of gender identity, including lawsuits related to Title IX’s application to athletic eligibility criteria in a variety of factual contexts. In light of the comments received and those various pending court cases, the Department has determined not to regulate on this issue at this time," the docket read.
BREAKING: Biden's Dept of Education Withdraws Proposed Rules Governing Participation In Single-Sex Sports According to Gender Identity
— Benjamin Ryan (@benryanwriter) December 20, 2024
After the Biden administration proposed rules in April 2023 that would have outlawed state bans on participation in single-sex sports by gender… pic.twitter.com/cyyTR4VUfz