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The administration’s new Title IX rules allow for discrimination against trans student athletes—and buy into some of the worst anti-trans talking points.

by Frankie de la Cretaz, The Nation

Nearly two years after President Joe Biden told transgender Americans, “Your president has your back,” he’s made it clear that his supposed solidarity only goes so far. In a long-awaited proposed change to Title IX, the Biden administration announced Thursday that, though the sweeping laws banning trans children from competing on teams that matched their gender identity would not be imposed on any school sports receiving federal funds, individual schools could ban some trans athletes from competing on a case-by-case basis.

In 2021, the Department of Education announced a formal review of the way Title IX was enforced. The goal was ostensibly to come up with an interpretation of the law that protects transgender students from discrimination.

Joe Biden speaking at the podium

The proposal unveiled on Thursday, to put it mildly, does not meet that goal. Instead, under the cover of a ban on what it calls “one-size-fits-all” anti-trans policies, it makes explicit allowances for restrictions on trans participation in sports to ensure what it describes as “fairness in competition” and “preventing sports-related injury.” Even observers inclined to be generous to the Biden administration about the proposal acknowledge that it would allow for targeted bans against trans students, particularly in high school.

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