Is the Biden Administration Really Turning Against Transgender Students?
SlateWhen Joe Biden’s Department of Education unveiled a proposed rule on Thursday regulating transgender students’ participation in school sports under Title IX, the announcement prompted two wildly different articles in the nation’s leading newspapers. The proposed test would, in effect, balance transgender students’ interest in playing sports against cisgender students’ interest in “fairness in competition” and avoiding injury. GLAD, a renowned LGBTQ advocacy group, issued a statement “applaud” the proposal and praising the decision to let schools “adopt reasonable policies” that “take into account differences between sports and across levels of competition.” Shannon Minter, legal director of the National Center for Lesbian Rights, told me that the Department of Education did “a good job of setting out a proposed standard that is reasonable, protects the dignity and equality of transgender students, and permits only very limited restrictions in elite competitions,” with a “baseline presumption” of inclusion. In particular, it will need to shoot down inevitable efforts to dress up bigotry in the guise of an “important educational objective.” Before all that, however, the administration is going to have to defend this regulation in court—and there is news on that front, too: In a probable coincidence, the rule came out shortly after the Supreme Court refused to reinstate West Virginia’s blanket ban on transgender participation in school sports, with only two dissents.