Report: US Department of Education Planning To Add Transgender Students To Title IX Protections, Allow For ‘Unfair Competition’

New regulations could counteract laws in at least 12 states that protect women’s sports

Virginia Tech swimmer Réka György has challenged the NCAA over the fairness of transgender males competing against biological female athletes. - Twitter


The U.S. Department of Education (DOE) under President Joe Biden is expected to extend Title IX, the set of rules that prohibit discrimination in public education on the basis of sex, to include transgender students.

An apparent draft of the new regulations obtained by The Washington Post from two anonymous DOE employees reads, “Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.”

The new regulations are expected to be released sometime next month.

Education Secretary Miguel Cardona said last June that Title IX “protected” trans students and that the Office for Civil Rights (OCR) would “fully enforce” this interpretation “in education programs and activities that receive federal financial assistance from the department.” Cardona announced the proposed regulations in July.

The decision contradicts Trump administration guidelines that came in the wake of the Supreme Court’s ruling in Bostock vs. Clayton County, which stated that Title VII of the Civil Rights Act protected “transgender rights” in the workplace.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination –- and our LGBTQ+ students have the same rights and deserve the same protections,” Cardona said.

“The Department makes clear that all students — including LGBTQ+ students — deserve the opportunity to learn and thrive in schools that are free from discrimination.”

The regulations would overrule laws enacted by about 12 states, including Florida, Mississippi, and Texas, which prevent men from participating in women’s sports, the Post reported.

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