Written by Brad Brooks
(Reuters) – The Biden administration on Friday withdrew a proposed rule change that would have prohibited schools from banning transgender athletes from teams that match their gender identities.
The administration informed the public that it had withdrawn the proposed rule in the Federal Register.
The administration proposed the rule in April 2023 and invited public comment. On Friday, it said it had received more than 150,000 public responses.
The administration wrote in its Federal Register that many comments were against the proposed rule. This, along with several pending lawsuits related to gender identity and sports, has led the administration to “not regulate this issue at this time.”
Transgender rights have become a hot political topic in recent years. Republicans at all levels campaigned aggressively on the issue in November, with a particular focus on transgender women's participation in school sports. President-elect Donald Trump pledged during his campaign to restrict gender-affirming sponsorship and sports participation for transgender people.
Biden's 2023 proposal would have provided flexibility to K-12 schools and universities to limit the participation of transgender students when their inclusion would undermine “fairness in competition” or could lead to sports-related injuries.
The proposal would have made changes to Title IX, which prohibits discrimination on the basis of sex at educational institutions that receive federal funding.
Title IX, which requires schools to provide equal opportunities for women in American education programs, has been credited with opening the door to more women in sports.
Critics say transgender women who participate in women's sports are often larger and stronger than their cisgender opponents and have an unfair advantage.
Earlier this year, the National Association of Intercollegiate Athletics banned transgender women from competing in women's sports, a tougher stance than other sports bodies that allow transgender athletes to compete based on their testosterone levels.
The US Supreme Court this month signaled its willingness to uphold Tennessee's Republican-backed ban on gender-affirming medical care for transgender minors.
