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‘Flagrant Infringement’: Parental Groups Urge Biden Admin To Axe Proposed Rules In Order To Protect Female Sports

A coalition of 25 education organizations are urging the Biden administration to axe its proposed revisions to Title IX which would prevent “categorical” bans on transgender athletes within public K-12 schools and colleges, according to a Wednesday letter.

On April 6, the Department of Education (ED) proposed changes to Title IX that would prohibit public K-12 schools and colleges from adopting a “one-size-fits-all-policy” that keeps students from joining sports teams on the basis of gender identity. Parents Defending Education (PDE) and No Left Turn In Education, parental rights in education groups, along with 23 other organizations said the proposed changes are an overreach of government and will harm biological females, both physically and mentally, according to the letter sent to Education Secretary Miguel Cardona.

“Although the Department of Education cites ‘fairness’ and ‘safety’ in its proposed changes, the notice of proposed rulemaking, to use a common phrase, ‘ignores the science,’” the letter stated. “It is clearly established that male and female bodies have different physiological traits – including but not limited to bone structure and muscle composition – which means that biological males participating in female athletics puts biological females at a higher risk for mental and physical setbacks from injury. As a result, such a change will significantly impede girls’ ability to seek awards and scholarships.”

“The Biden Administration’s proposed overhaul of school athletics is deeply unpopular with American families, for good reason,” Nicole Neily, president of PDE, told the Daily Caller News Foundation. “It jeopardizes the safety of women and girls, violates their privacy, and reduces opportunities for scholarships and awards – not to mention the flagrant infringement upon states’ rights. Thousands of Americans have already submitted comments in opposition to this proposed rule through PDE’s comment portal – which is essential, as the Department only provided for a 30-day comment period.”

Under the proposed policy, public schools must take into account “fairness in competition” and the prevention of “sports-related injury” when developing policies for the creation of sports teams. In June 2022, the ED proposed additional revisions to Title IX suggesting that any federally funded sex-separated space, program, building, bathroom and locker room must be used on the basis of gender identity rather than biological sex.

“All students deserve privacy and safety in sex-specific spaces such as locker rooms, restrooms, and medical facilities. Female athletes should not be forced to ask for special accommodations because of their biological sex, and to put minor students in that position marginalizes their voices and preferences,” the letter stated. “Furthermore, this proposed rule is an overreach of executive power and an encroachment on federalism; it contradicts existing laws in 20 states that bar biological males from competing in female athletics.”

Throughout the country, red state lawmakers are moving to separate sports on the basis of biological sex after Lia Thomas, a biological man, transitioned genders and won the women’s 500-yard freestyle Ivy League championship in February 2022. Previously, Thomas competed on the University of Pennsylvania men’s swim team.

On Tuesday, Cardona refused to answer a question on whether it is fair for biological men to compete against women in athletics during a House Appropriations Committee hearing. Cardona dodged a question from Republican Alabama Rep. Robert Aderholt on the fairness of the Title IX proposal, instead discussing how the ED has expanded to provide students equal access, free of discrimination.

“We are proud of the Title IX proposal,” Cardona said at the hearing. “And the current proposal you are speaking about is just that, it’s a proposal and we have a window open for comments that we’re going to take very seriously.”

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