


The Education Department on Thursday unveiled its proposed rule on athletics eligibility that bolsters transgender students’ right to play on sports teams.
The proposal would bar schools from adopting or enforcing a policy that categorically bans transgender students from participating on teams consistent with their gender identity. But the Education Department also added the caveat that “in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation.”
The rule is a rebuke to sweeping laws in at least 19 states that bar transgender women and girls from participating in sports consistent with their gender identity. Lawmakers in those states insist their laws are not meant to isolate transgender students, but to protect fair play in women’s sports.
The administration’s rule also comes as House Republicans are expected to imminently bring their restrictive transgender sports bill — H.R. 734 (118) — to the floor for a vote.
Dozens of women’s rights and gender justice advocates have been urging the Biden administration to quickly release the rule. They wanted the White House to ensure all transgender students can fully participate in sports amid an onslaught of legislation in the states.
When asked about how the rule would interact with state laws, a senior administration official said “the federal civil rights law is the law of the land.”
The Education Department’s proposed Title IX regulation will be open for public comment for 30 days from the date of publication in the Federal Register. The department also said it is expecting to publish its final Title IX rule in May.
This report will be updated.