Department of Education Revokes Policy on Transgender Athletes Competing in School Sports

On Friday, the Department of Education retracted a proposed regulation that sought to prevent schools from disallowing transgender athletes from participating in sports teams that correspond with their gender identities.

This withdrawal was also filed with the Federal Register on the same day the Biden administration chose to suspend efforts related to student loan forgiveness.

The retraction affects a regulation introduced in April 2023 that solicited public feedback on how Title IX—the significant federal legislation prohibiting sex discrimination in education—should address gender identity issues in sports.

The proposed rule received over 150,000 public comments, ranging from strong objections to various proposed adjustments. Moreover, ongoing legal challenges regarding Title IX’s interpretation in situations involving gender identity and sports played a role in the administration’s decision to withdraw.

In its official filing, the administration indicated that it opted “not to regulate on this issue at this time,” due to the intricate nature of the comments received and the unresolved legal disputes.

While the rule aimed to offer schools the ability to restrict transgender athletes’ participation under the pretext of “fairness in competition” or injury risk, some critics argued that it fell short of sufficiently safeguarding women’s sports. Conversely, some viewed it as a vital move toward the inclusion of individuals who identify as transgender.

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In conclusion, the administration stated, “We do not plan to issue a final rule.”

Karoline Leavitt, a spokesperson for President-elect Donald Trump, criticized the administration’s decision, claiming it adds unnecessary complications and hinders Trump’s ability to govern.

“President Trump will not be discouraged by their underhanded tactics and will utilize every resource available to overturn the harm caused by Biden and enact his America First agenda,” Leavitt said.

Legal expert Kate Shaw, who had served in the Obama administration, suggested that the withdrawal highlights the intricate nature of federal rulemaking. She emphasized that while administrations often rush to finalize regulations before their term ends, such processes demand considerable time and coordination.

“If you haven’t initiated it early enough, you won’t be able to conclude it,” Shaw remarked.

The topic of transgender inclusion, particularly in youth sports, has surged as a contentious issue in U.S. politics. Republican campaigns in November stressed the importance of safeguarding women’s sports, with numerous GOP officials resisting the participation of athletes in events that don’t align with their biological sex.

Trump has committed to implementing stricter regulations, including limitations on transgender procedures for minors and enhancing protections for women in sports.

Proponents of the Biden administration’s proposal regarded it as a move toward fairness and inclusion for transgender athletes, while critics deemed it a potential threat to opportunities for women and girls.

This report includes contributions from Reuters and The Associated Press.