In a significant policy shift, the Biden administration has retracted a proposed amendment to Title IX, which would have mandated schools to permit biological males to participate in women's sports.
The proposed rule, titled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams," was withdrawn by the US Department of Education, as stated in their notice of withdrawal.
According to The Post Millennial, the Department of Education, after thorough review and consideration of all comments submitted during the comment period, decided to withdraw the proposed rule.
The comments received were diverse, with some expressing "general support for the proposed regulation," while others suggested modifications to the proposed regulation to allow more students to participate in sex-separate athletic teams in line with their gender identity, especially at the elementary and secondary school levels.
However, not all feedback was supportive. Some commenters "opposed the proposed regulation in its entirety and asked the Department to withdraw the Athletics NPRM." These critics raised concerns about the practical application of the proposed regulation, arguing that it was unclear or overly complex for recipients to implement.
They also offered alternative regulatory text to clarify, simplify, elaborate on, or substantively change the focus and impact of the proposed rule.
The Department of Education acknowledged the existence of multiple pending lawsuits related to the application of Title IX in the context of gender identity. These include lawsuits concerning Title IXs application to athletic eligibility criteria in various factual contexts.
"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 department stated.
This decision comes amidst a wave of lawsuits alleging Title IX violations against teams with biological males or against biological male athletes. A notable case occurred in November when female volleyball players in the Mountain West Conference filed a lawsuit against San Jose State University.
The suit was filed after trans-identified male player Blaire Flemming participated in the women's team against female players and advanced to the conference championships with minimal losses during the season. Despite Flemming's participation, San Jose State was defeated by Colorado State in the finals.
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