Biden proposal forbids US schools from outright bans on transgender athletes

The Biden administration has released a proposal that would forbid schools and colleges across the US from enacting outright bans on transgender athletes competing in sports.

If finalized, the proposal would become enshrined as a provision of Title IX, the federal nondiscrimination requirement in education at institutions that receive federal funding. It must undergo a lengthy approval process, however, and is almost certain to face challenges from opponents.

The move is an effort to counteract a wave of Republican-backed measures targeting LGBTQ+ rights, particularly the participation of trans athletes in school sports. While opponents sharply criticized the proposal, some advocates for transgender athletes were concerned that it did not go far enough.

The proposal came on the same day that the US supreme court refused to let West Virginia enforce a state law banning trans athletes from female sports teams at public schools, one of many similar measures across the country.

Two conservative justices, Samuel Alito and Clarence Thomas, publicly dissented from the decision.

At the same time, international sports-governing bodies are instituting policies that ban all trans athletes from competing in track and field and in effect ban trans women from swimming events.

The proposed Biden administration rules require any decisions to restrict transgender people from competing should involve important educational objectives. Type of sport, age of participants and level of competitiveness are also factors.