Title IX Proposal Prohibits Categorical Bans on Trans Student Athletes, Allows Some Restrictions

A long-awaited Education Department Title IX proposal would require restrictions on transgender student athletes to relate to educational objectives and minimize harm to trans students. 

Key Quotes: The proposal would not prohibit the “use of sex-related criteria altogether.” Instead, such criteria would be required to “be substantially related to the achievement of an important educational objective,” and “minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.” The Education Department “anticipates that some uses of sex-related eligibility criteria would satisfy the standard in the proposed regulation,” including to ensure fairness in competition and to prevent injuries.

For Context: Some estimate there are about 300,000 people ages 13–17 who identify as transgender in the U.S. Of those, roughly 13% play sports, making up less than half of 1% of high school athletes. As the number of trans youths in the U.S. rises, trans student athletes have become a hot-button political issue, with Republican-run states passing bills enforcing sex-based team criteria in the name of protecting fairness for cisgender female athletes. The Education Department’s proposal may conflict with many of these state rules.

How the Media Covered It: Coverage from the right framed the proposal as banning “blanket bans” on trans athletes and highlighted Republican governors who opposed the proposal. While some left-rated outlets also said the proposal prohibited blanket bans, some headlines specified that the rules would allow some restrictions on trans athletes.