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Law

U.S. Department of Education Releases Policy on Transgender Athletes

  • The Biden Administration proposed rules on transgender athletes, providing schools some leeway on policy but prohibiting wholesale bans.
  • The Supreme Court denied an emergency request to enforce a ban in West Virginia.
LGBTQ+ supporters raise flags representing the LGBTQ+ and transgender communities outside of the S.C. Statehouse on Wednesday, March 29, 2023.
The Greenville News

The Biden Administration is aiming for the middle of the spectrum with its transgender athlete policy.

On Thursday, the U.S. Department of Education proposed rules that would prohibit schools from blanket bans on athletes participating in school sports based on their gender identities. 

The policy would allow schools to consider grade, sport, and level of competition in introducing rules on whether a student can play with groups fitting with their gender identity. Twenty states have introduced blanket bans on transgender athletes. 

Olympic rings are on display ahead of the Paris 2024 Summer Olympic Games.

World Athletics Issues Bans On Russian, Belarusian, Trans Women Athletes

World Athletics ruled that transgender women cannot compete in female-only competitions.
March 26, 2023

Also on Thursday, the U.S. Supreme Court denied an emergency request by West Virginia’s Attorney General to overturn a lower court’s decision and allow the state to ban a 12-year-old transgender student from competing in a track and field competition. The student will be allowed to race in a group fitting with her gender identity. 

Last month, the World Athletics Council banned transgender women from competing in women’s categories at high-level track competitions, including the Olympics. 

The NWSL is revisiting its policy on transgender athletes. Currently, the league allows players designated female at birth, regardless of gender identity. It also allows players transitioning to female, provided their testosterone levels are within the typical range for a woman.

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