A group of 20 Republican senators called on the Biden administration on Monday to withdraw recently proposed rule changes to Title IX that could prevent states from enforcing bans on transgender athletes competing in sports that don't correspond to their biological sex at birth.
The Education Department’s proposed rule would allow schools to ban transgender students or nonbinary students from participating in sports on a case-by-case basis. As several GOP-led state legislatures consider bills to ban transgender students from participating on sports teams, the senators argued in a letter sent to Education Secretary Miguel Cardona that the creation of Title IX was to ensure fairness in the first place.
The administration proposed the new federal rule change for Title IX in April, which would prohibit policies that “categorically” ban transgender students from participating on sports teams. Those who oppose the changes worry that it leaves too much room to discriminate against students. According to a public notice from the department, the proposal would allow schools to enforce some restrictions in “competitive” environments.
The Republican senators argue the proposed changes encourage more discrimination against female athletes. Tuberville reintroduced a bill in early March aimed at curbing biologically male transgender athletes from participating in women’s sports. The legislation would prevent federal funds from being allocated to entities that permit transgender women to participate in women’s sports. The Alabama senator attempted to get the Senate to pass the bill by unanimous consent in an effort to counteract the Biden administration’s rule, but Democrats in the Senate blocked the bill in late April.
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