The new proposed regulation by the U.S. Department of education ignores reasons for single-sex sports and forces schools to adopt “gender identity” policies.

The Department of Education announced in April a new Notice of Proposed Rulemaking (NPRM) seeking to amend Title IX regulations in regard to “gender identity” and athletics in schools. The proposed rule would prohibit schools from fully limiting eligibility for female-only teams to only female athletes, and require schools who place any limits at all to “minimize harm” to male athletes - still eligible for male teams - who self-identify as “female” or “nonbinary”. 

This NPRM is separate from last year’s (not yet final), which seeks to change the very definition of sex in Title IX to include “gender identity” across the board, and makes any male student-athlete eligible for female-only teams if he says he is a “female” student-athlete. The impact of the new NPRM will vary depending on that final rule.

The public has until May 15 to send official comments to the Dept. of Ed. on the new proposed rule, so follow the link below today to make your voice heard.

SUBMIT YOUR COMMENT TO THE DEPT. OF ED

Summary of the new proposed regulations

The new proposed regulation requires schools to implement a new standard to be allowed to use sex-related criteria in sports. These criteria do not include protecting the dignity of female athletes, or even fairness in all circumstances. The new proposed regulation states:

“If a recipient adopts or applies sex-related criteria that would limit or deny a student's eligibility to participate on a male or female athletic team consistent with their gender identity, those criteria must, for each sport, level of competition, and grade or education level: 

(i) be substantially related to the achievement of an important educational objective, and
(ii) minimize harm to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied. “

The Department has also shared documents meant to explain why and how it is proposing this rule. It states in the provided supplemental information :

“Criteria that categorically exclude all transgender girls and women from participating on any female athletic teams, for example, would not satisfy the proposed regulation because, in taking a one-size-fits-all approach, they rely on overbroad generalizations that do not account for the nature of particular sports, the level of competition at issue, and the grade or education level of students to which they apply.”

The Department’s statements around this proposed regulation are clear that any policy entirely based on sex would not comply with the new regulation. This means that all publicly-funded schools across the country (even in states that currently protect single-sex sports) would be forced to allow some men and boys onto women’s teams in some circumstances. The Department states that this would specifically apply to lower-level competitions.

The proposed regulations harm female athletes by ignoring their needs and the deeper reasons for single-sex sports.

Although the Department (sort of) acknowledges safety and fairness as important reasons to uphold sex-based criteria, it fails to acknowledge many of the other important reasons for single-sex sports at lower levels of competition. This regulation is likely to directly impact the number of girls participating in school athletic opportunities because, if passed, this regulation would —

1. Effectively ban single-sex sports in elementary and middle schools

The Department states, “There would be few, if any, sex-related eligibility criteria applicable to students in elementary school that could comply with the proposed regulation.” It continues to say the same would apply to grades immediately after elementary school (including middle school). 

This limitation completely ignores many reasons for single-sex sports beyond physical safety and fairness. In a society where boys are taught to be “sporty” and girls are taught to be “nice” and “cute,” female-only teams, even at a very young age, can help encourage girls to get involved in athletics — which is proven to have lifelong benefits. 

Beyond this, girls on average begin puberty between the ages of 8 - 13 (grades 3 - 7). Many girls are uncomfortable with their changing bodies around these ages and would feel very self-conscious participating in sports with boys of the same age. This aspect of the regulation is likely to limit young girls’ participation in sports, which will directly impact the number of girls who go on to participate in higher levels of competition.

2. Effectively ban single-sex teams that are not highly competitive

The proposed regulation claims that the existence of “no-cut” sports teams which are not highly selective and are “designed to encourage broad participation” are evidence that sex is irrelevant because sex, they claim, is only important to safety and fairness. 

This, once again, ignores the very basic fact that many girls and women, especially in their difficult teenage years, simply will not feel comfortable participating in sports with their male peers. This is because of more than just physical safety in high-contact sports. It is because boys will jeer, poke at girls, make comments about their bodies, and create a hostile environment where girls do not feel fully comfortable participating. This is exactly the sort of environment Title IX was initially created to prevent.

Mixed-sex athletic leagues and teams, even at low levels of competition, are likely to exclude women and girls from these sports and deprive them of the associated social, educational, and health benefits.

3. Encourage early child transition and use of puberty blockers & codify gender identity into Title IX

The Department claims that male students who “transition at the onset of puberty … never gaining any potential advantages that the increased production of testosterone during male puberty may create.” 

This false oversimplification of the many differences between male and female bodies not only ignores other reasons why women and girls may not wish to participate in sports with male students, but also dangerously encourages child transition (including puberty blockers) as early as possible. 

If finalized prior to last year’s final rule, this regulation would also be the first time “gender identity” is codified in Title IX. This vague and regressive concept that harms women has no business being a part of any anti-discrimination law. 

Take Action!
Submit your comment
by May 15th!

The Department of Education is accepting public comment on their proposed regulations through May 15th. Use our easy form to submit a comment with our pre-filled letter, or edit it to write your own! 

Submit your comment now!