{"id":15973,"date":"2025-01-03T15:43:23","date_gmt":"2025-01-03T15:43:23","guid":{"rendered":"https:\/\/lonecandle.com\/?p=15973"},"modified":"2025-01-03T15:43:24","modified_gmt":"2025-01-03T15:43:24","slug":"the-trans-school-sports-rule-the-democrats-didnt-talk-about","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=15973","title":{"rendered":"The trans school sports rule the Democrats didn\u2019t talk about"},"content":{"rendered":"\n

“In 2023, over strong objections of activists on the right and left, the Biden administration announced a proposed change<\/a> to Title IX, the law that prohibits discrimination based on sex in any federally funded educational program. Their suggested change would prohibit outright bans on transgender athletes, but would permit schools to restrict transgender students from participating if they could demonstrate that inclusion would harm \u201ceducational objectives\u201d like fair competition and the prevention of injury.<\/p>\n\n\n\n

This more nuanced stance marked the first time the Biden administration took the position that sex differences can matter in school sports, something hotly disputed by leading LGBTQ rights organizations. The proposed rule also reflected research<\/a> that suggests sex differences emerge over time, so the standard for inclusion in high school should not necessarily be the same as that in younger grades.<\/p>\n\n\n\n

Contrary to the post-election grumblings from Biden allies in the Atlantic, the president has been virtually silent on his own administration\u2019s proposal for the last 18 months. He\u2019s never spoken about it, and it was never mentioned by any other Biden official, including in any White House briefing<\/a> on transgender issues.<\/p>\n\n\n\n

The White House declined to comment for this story. A spokesperson for the Department of Education said their rulemaking process is still ongoing, as they consider the 150,000 public comments<\/a> they received. \u201cWe do not have information to share today on a timeline,\u201d they added.” <\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Tellingly, Biden\u2019s proposed policy on transgender athletes \u2014 allowing targeted restrictions for fairness and safety while rejecting blanket bans \u2014 would likely resonate more with average Americans than the hardline stances typically associated with Republicans, who leaned on transgender fearmongering in the midterms only to see their candidates flop<\/a>, or Democrats, who many voters perceive as having no nuance on the topic at all. Yet the Biden administration\u2019s reluctance to clearly communicate their middle-ground position left a vacuum that Republicans were happy to fill. It\u2019s a dynamic that political observers say has become increasingly common: Democratic leaders stake out a position but, wary of internal rifts, default to strategic ambiguity even on issues where their stances might resonate with voters.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“the Biden administration initially staked out a position that said there\u2019s no legitimate basis to discriminate based on sex differences. In 2021, Biden\u2019s Justice Department intervened in a lawsuit<\/a> filed by parents of an 11-year-old transgender girl against the state of West Virginia, affirming this view.<\/p>\n\n\n\n


\u201c[West Virginia] cannot point to any valid evidence that allowing transgender girls to participate on girls\u2019 sports teams endangers girls\u2019 athletic opportunities,\u201d the department said in its filing. \u201cInstead, the State legislated based on misconceptions and overbroad assumptions about transgender girls.\u201d<\/p>\n\n\n\n

While praised by major LGBTQ groups like the Human Rights Campaign, this position obscured quieter disagreement among transgender leaders. Some questioned whether sports participation should be a top priority for the movement, while others doubted whether litigation was the best approach for advancing inclusion, given the state of public opinion. The Justice Department\u2019s position also masked divides within the Democratic Party. Though it\u2019s a complex topic and more research is needed<\/a>, some existing scientific<\/a> evidence<\/a> suggests that transgender girls and women who do not suppress testosterone can have advantages in sports, particularly if they have gone through male puberty.

The West Virginia lawsuit wasn\u2019t the only federal suit in the works. Happening at the same time was another case involving two transgender girls that was quickly drawing national attention<\/a>. In response to Terry Miller<\/a> and Andraya Yearwood<\/a> winning multiple state track titles in Connecticut, competitors\u2019 parents and the Christian right-wing legal organization Alliance Defending Freedom filed<\/a> a lawsuit against Connecticut\u2019s policy of including transgender athletes. Though initially dismissed in 2021, a federal judge just this month said the Title IX case could proceed<\/a>.<\/p>\n\n\n\n

As more of these politically charged lawsuits and bills mounted, the Biden administration announced it would be delaying its proposed changes to Title IX, despite its Day 1 executive order. Sources involved said the delay was largely understood as a political move driven by the upcoming midterm elections<\/a>. When the Education Department finally released its proposed school sports rule in 2023, its language represented more of a compromise.<\/p>\n\n\n\n

The rule marked the Biden administration\u2019s first time saying that sex differences can matter in school sports and schools can discriminate in some cases, while also saying schools do not have to \u2014 thus permitting blue states like Connecticut to continue with existing policy. While its merits were debated<\/a>, the federal proposal was on the table.<\/p>\n\n\n\n

\u201cThe draft regulation recognizes that there are real sex differences and that these matter in competition,\u201d Doriane Coleman<\/a>, a law professor at Duke University who focuses on sports and gender, told Vox. \u201cFor the progressive wing of the Democratic Party, which takes the position that all sex differences are just myth and stereotype, that was a big, maybe even treasonous move.\u201d”<\/p>\n\n\n\n

https:\/\/www.vox.com\/policy\/385549\/trans-sports-transgender-biden-harris-democrats-titleix<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“In 2023, over strong objections of activists on the right and left, the Biden administration announced a proposed change to Title IX, the law that prohibits discrimination based on sex in any federally funded educational program. Their suggested change would prohibit outright bans on transgender athletes, but would permit schools to restrict transgender students from participating if they could demonstrate that inclusion would harm \u201ceducational objectives\u201d like fair competition and the prevention of injury.
\nThis more nuanced stance marked the first time the Biden administration took the position that sex differences can matter in school sports, something hotly disputed by leading LGBTQ rights organizations. The proposed rule also reflected research that suggests sex differences emerge over time, so the standard for inclusion in high school should not necessarily be the same as that in younger grades.<\/p>\n

Contrary to the post-election grumblings from Biden allies in the Atlantic, the president has been virtually silent on his own administration\u2019s proposal for the last 18 months. He\u2019s never spoken about it, and it was never mentioned by any other Biden official, including in any White House briefing on transgender issues.<\/p>\n

The White House declined to comment for this story. A spokesperson for the Department of Education said their rulemaking process is still ongoing, as they consider the 150,000 public comments they received. \u201cWe do not have information to share today on a timeline,\u201d they added.” <\/p>\n

…<\/p>\n

“Tellingly, Biden\u2019s proposed policy on transgender athletes \u2014 allowing targeted restrictions for fairness and safety while rejecting blanket bans \u2014 would likely resonate more with average Americans than the hardline stances typically associated with Republicans, who leaned on transgender fearmongering in the midterms only to see their candidates flop, or Democrats, who many voters perceive as having no nuance on the topic at all. Yet the Biden administration\u2019s reluctance to clearly communicate their middle-ground position left a vacuum that Republicans were happy to fill. It\u2019s a dynamic that political observers say has become increasingly common: Democratic leaders stake out a position but, wary of internal rifts, default to strategic ambiguity even on issues where their stances might resonate with voters.”<\/p>\n

…<\/p>\n

“the Biden administration initially staked out a position that said there\u2019s no legitimate basis to discriminate based on sex differences. In 2021, Biden\u2019s Justice Department intervened in a lawsuit filed by parents of an 11-year-old transgender girl against the state of West Virginia, affirming this view.<\/p>\n

\u201c[West Virginia] cannot point to any valid evidence that allowing transgender girls to participate on girls\u2019 sports teams endangers girls\u2019 athletic opportunities,\u201d the department said in its filing. \u201cInstead, the State legislated based on misconceptions and overbroad assumptions about transgender girls.\u201d<\/p>\n

While praised by major LGBTQ groups like the Human Rights Campaign, this position obscured quieter disagreement among transgender leaders. Some questioned whether sports participation should be a top priority for the movement, while others doubted whether litigation was the best approach for advancing inclusion, given the state of public opinion. The Justice Department\u2019s position also masked divides within the Democratic Party. Though it\u2019s a complex topic and more research is needed, some existing scientific evidence suggests that transgender girls and women who do not suppress testosterone can have advantages in sports, particularly if they have gone through male puberty.<\/p>\n

The West Virginia lawsuit wasn\u2019t the only federal suit in the works. Happening at the same time was another case involving two transgender girls that was quickly drawing national attention. In response to Terry Miller and Andraya Yearwood winning multiple state track titles in Connecticut, competitors\u2019 parents and the Christian right-wing legal organization Alliance Defending Freedom filed a lawsuit against Connecticut\u2019s policy of including transgender athletes. Though initially dismissed in 2021, a federal judge just this month said the Title IX case could proceed.<\/p>\n

As more of these politically charged lawsuits and bills mounted, the Biden administration announced it would be delaying its proposed changes to Title IX, despite its Day 1 executive order. Sources involved said the delay was largely understood as a political move driven by the upcoming midterm elections. When the Education Department finally released its proposed school sports rule in 2023, its language represented more of a compromise.<\/p>\n

The rule marked the Biden administration\u2019s first time saying that sex differences can matter in school sports and schools can discriminate in some cases, while also saying schools do not have to \u2014 thus permitting blue states like Connecticut to continue with existing policy. While its merits were debated, the federal proposal was on the table.<\/p>\n

\u201cThe draft regulation recognizes that there are real sex differences and that these matter in competition,\u201d Doriane Coleman, a law professor at Duke University who focuses on sports and gender, told Vox. \u201cFor the progressive wing of the Democratic Party, which takes the position that all sex differences are just myth and stereotype, that was a big, maybe even treasonous move.\u201d”<\/p>\n

https:\/\/www.vox.com\/policy\/385549\/trans-sports-transgender-biden-harris-democrats-titleix<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[356,357,1597,403],"class_list":["post-15973","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-education","tag-school","tag-sports","tag-trans"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15973","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15973"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15973\/revisions"}],"predecessor-version":[{"id":15974,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/15973\/revisions\/15974"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15973"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15973"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15973"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}