BREAKING: Biden administration abandons efforts to protect transgender student-athletes from discrimination

President Joe Biden’s administration late on Friday abandoned efforts to protect the right of trans athletes to participate in sports based on their gender identity.

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The U.S. Department of Education formally withdrew a proposed rule first drafted in April 2023 that would extend Title IX protections to protect transgender athletes’ right to play. The rule would have barred education institutions from denying student-athletes' eligibility to participate on a male or female athletic team consistent with their gender identity.

A memo detailing the decision to withdraw the rule cited a broad range of comments received by the federal agency and ongoing litigation with a number of states opposed to the rule.

“The Department recognizes that there are multiple pending lawsuits related to the application of Title IX in the context of gender identity, including lawsuits related to Title IX’s application to athletic eligibility criteria in a variety of factual contexts,” the memo reads. “In light of the comments received and those various pending court cases, the Department has determined not to regulate on this issue at this time.”

The Advocate reached out to the Department of Education about the withdrawal, but a representative was not immediately available for comment.

Of course, the withdrawal comes weeks ahead of the end of Biden’s term and the inauguration of President-elect Donald Trump, who promised during his campaign to revoke any protections for trans people implemented by the Democratic administration.

Some individuals close to the process suggested the Biden administration may be partly abandoning the rule out of fear the next administration could weaponize certain proposed language.

The rule as drafted still allows institutions to restrict sports eligibility for reasons “substantially related to the achievement of an important educational objective” or to “minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.” That language already generated some fear among transgender advocates that discrimination could still take place if schools cite those concerns even if for flimsy reasons.

This story is developing...