The Biden administration handed down proposed guidance Thursday that would permit public schools and colleges to ban transgender athletes from competitive teams but forbid them from issuing blanket bans, a move framed as a compromise that is likely to infuriate LGBT activists. 

“The proposed rule … recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation,” the Department of Education said. 

Schools would not be able to impose total bans but could still maintain their own “participation policies” on the matter. The proposal would require schools seeking to bar transgender athletes from sports “to show that the decision relates to an important educational objective and minimizes harm to others,” according to the Washington Post.

The proposal comes as Republicans have passed state guidance barring transgender athletes across the country, policies that have been fought by LGBT activists. Kansas is the latest state, with the Republican legislature overriding the Democratic governor’s veto to ban trans athletes. It’s the 20th state to pass such a ban. 

The administration’s compromise policy will likely upset transgender activists, the Washington Post reported; 

Democrats across the country have fiercely opposed Republican-led legislation on trans issues. A Nebraska Democrat said she would “burn the session to the ground” to stop a ban on child sex-change surgeries. Virginia Democrats are fighting to abolish single-sex bathrooms in the state’s public schools. 

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