Proposed rule withdrawn limiting U.S. schools’ ability to ban transgender athletes

The Biden administration on Friday withdrew a proposed rule change that would have prohibited schools from banning transgender athletes from teams matching their gender identities.

The administration notified the public that it had withdrawn the proposed rule in the Federal Register. The administration had proposed the rule in April 2023, inviting the public to comment. It said on Friday that it had received more than 150,000 public replies.

Many of the comments were against the proposed rule, the administration wrote in its Federal Register filing. That, along with multiple pending lawsuits related to gender identity and sports, led the administration “not to regulate on this issue at this time.”

Transgender rights have become a political hot button in recent years. Republicans at all levels campaigned strongly on the issue in November, with particular focus on transgender women participating in school sports. President-elect Donald Trump pledged during his campaign to restrict gender-affirming care and transgender sports participation.

The Biden proposal from 2023 would have offered flexibility to K-12 schools and universities to limit the participation of transgender students when including them could undermine “fairness in competition” or potentially lead to sports-related injuries.

The proposal would have made changes to Title IX, which prohibits sex discrimination at educational institutions that receive federal funding. Title IX, requiring schools to provide equal opportunities for women in U.S. education programs, has been credited with opening the door to more women in sports.

Critics say transgender women who take part in women’s sports are often bigger and stronger than their cisgender opponents and have an unfair advantage.

Earlier this year, the National Association of Intercollegiate Athletics banned transgender women from competing in women’s sports, a more hardline stance than other athletic bodies that allow trans athletes to compete based on testosterone levels.

The U.S. Supreme Court this month signaled its willingness to uphold a Republican-backed ban in Tennessee on gender-affirming medical care for transgender minors.