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Female Athletes Outraged as Proposed Title IX Rule Change Threatens to Push Them Out of Competition

Schools would lose federal funding if they fail to comply with Title IX rule change

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Female Athletes Outraged as Proposed Title IX Rule Change Threatens to Push Them Out of Competition
WASHINGTON, DC - JUNE 23: Demonstrators listen to the speaking program during an "Our Bodies, Our Sports" rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022 in Washington, DC. The rally, organized by multiple athletic women's groups was held to call on U.S. President Joe Biden to put restrictions on transgender females and "advocate to keep women's sports female."Photo by Anna Moneymaker/Getty Images
Darlene McCormick Sanchez
By Darlene McCormick Sanchez
4/27/2023Updated: 4/27/2023
0:00

A national conservative watchdog group is encouraging people to flood an online page of the Federal Register with comments about a proposed rule change to Title IX.

If adopted, the change to the federal civil rights law would guarantee the right of male students identifying as females to participate in girls’ sports, in most cases.

Schools failing to comply would lose their federal funding.

And that would continue a growing trend that has infuriated female athletes around the country.

They say they’ve been unfairly pushed off the champions’ podium by stronger, faster biological males.

House Speaker Kevin McCarthy (R-Calif.) celebrates the House passage of The Protection of Women and Girls in Sports Act outside the U.S. Capitol in Washington on April 20, 2023. (Chip Somodevilla/Getty Images)
House Speaker Kevin McCarthy (R-Calif.) celebrates the House passage of The Protection of Women and Girls in Sports Act outside the U.S. Capitol in Washington on April 20, 2023. Chip Somodevilla/Getty Images

On April 6, the U.S. Department of Education (DOE) released a notice of proposed rule-making on athletic eligibility for transgender students who participate in school sports. Some states recently have banned these students from participating on teams different from their biological sex.

The Biden administration proposal, as explained by the government journal, “would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.”
Officially, the rule-change proposal is listed as “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male or Female Athletic Teams.”

Speaking Out

Public comment will be allowed through May 15, according to the site. As of April 26, more than 24,600 comments with mixed reactions had been logged.

“I find it significant that men’s thoughts and feelings are prioritized over both women’s feelings, as well as everyone’s objective reality,” wrote open person opposed to the change. “This is nothing less than misogyny, the belief that women don’t matter.”

Others felt the rule didn’t go far enough in protecting transgender rights.

“Discriminating against trans athletes is harmful and should not be allowed at any level, including high school and college,” a proponent wrote.

According to a DOE press release, “The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

But it’s the community of female athletes who should feel violated, some activists told The Epoch Times.

Bloomfield High School transgender athlete Terry Miller (2nd L) wins the final of the 55-meter dash over transgender athlete Andraya Yearwood (L) and other runners in a Connecticut girls track meet in New Haven, Conn., on Feb. 7, 2019. (Pat Eaton-Robb/AP Photo)
Bloomfield High School transgender athlete Terry Miller (2nd L) wins the final of the 55-meter dash over transgender athlete Andraya Yearwood (L) and other runners in a Connecticut girls track meet in New Haven, Conn., on Feb. 7, 2019. Pat Eaton-Robb/AP Photo

Some critics complained that the Biden administration has conflated gender with sex under Title IX, something they say goes against the idea of giving girls and women equal opportunities.

The national watchdog group Citizens Defending Freedom (CDF), previously known as County Citizens Defending Freedom, is urging parents and students to speak out before the deadline. The group has set up a toolkit to help parents fight the rule change.

CDF contends that  recognizing “gender identity” and sexuality under the federal law “has no legal basis.”

And the changes are especially troubling, and possibly dangerous, because they would allow students to use restrooms and dressing rooms associated with the gender of their choice, said Lindsay Rives, national media correspondent for CDF.

“As a girl who competed in sports, if I had been forced to shower with biological males, I wouldn’t only question whether my safety and privacy were at risk, but I would reevaluate playing sports altogether,” Rives told The Epoch Times.

Innovative Teachers of Texas, a conservative group, has supported the CDF’s campaign, blasting out an email to members saying, “We need to flood the comment section against this push by Biden.”

Red states, conservative parents, and some top female athletes already have put up fierce resistance to allowing males who identify as females in girls’ and women’s sports.

More than just taking away trophies, honors, and potential scholarships from girls, critics have said allowing biological males to continue competing against females could bring an end to women’s sports competitions altogether.

There are no publicized instances of girls identifying as boys edging males out of opportunities for similar honors or scholarships.

Four-time SEC Champion swimmer Riley Gaines, who was forced to compete against a biological male, speaks at the Conservative Political Action Conference (CPAC) in Dallas on Aug. 6, 2022. (Bobby Sanchez/The Epoch Times)
Four-time SEC Champion swimmer Riley Gaines, who was forced to compete against a biological male, speaks at the Conservative Political Action Conference (CPAC) in Dallas on Aug. 6, 2022. Bobby Sanchez/The Epoch Times

Comply or Lose Funding

The Biden administration’s proposed change is significant because the rule would apply to public K-12 schools, colleges, universities, and other institutions that receive federal funding. To avoid losing federal education dollars, those institutions would have to comply.

Proponents of the change contend that civil rights laws should protect transgender students. They argue that students with gender dysphoria are less likely to commit suicide if allowed to transition.

Studies on that have shown mixed findings.

“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination,” U.S. Secretary of Education Miguel Cardona said in a news release. “Being on a sports team is an important part of the school experience for students of all ages.”

The proposed rule appears to recognize public resistance to allowing biological males to compete against females.

In some instances, particularly in competitive high school and college athletic environments, the rule would allow some schools to adopt policies that limit transgender students’ participation.

The proposed rule would provide schools with a framework allowing schools to create participation policies.

Connecticut athletes Selina Soule (L), Chelsea Mitchell (C), and Alanna Smith (R) filed a federal lawsuit in 2020 as high school students to stop males identifying as female from competing in girl's sports. (Courtesy of Alliance Defending Freedom)
Connecticut athletes Selina Soule (L), Chelsea Mitchell (C), and Alanna Smith (R) filed a federal lawsuit in 2020 as high school students to stop males identifying as female from competing in girl's sports. Courtesy of Alliance Defending Freedom

High-profile instances of women losing out to biological men have prompted court cases winding their way through the system.

One lawsuit filed In February 2020 claims that four female high school athletes in Connecticut were denied equal opportunities for women under Title IX because they were forced to compete against boys identifying as women.

The lawsuit, filed by the conservative nonprofit Alliance Defending Freedom, argues that because the defendants allowed males identifying as female to compete in girls’ athletic events, boys consistently deprived the plaintiffs of honors, opportunities to compete at elite levels, and potential scholarships.

In December 2022, a three-judge panel of the 2nd Circuit ruled against the female athletes Selina Soule, Alanna Smith, Chelsea Mitchell, and Ashley Nicoletti in Soule v. Connecticut Association of Schools.

But in a rare move, the 2nd Circuit Court of Appeals announced in February that the full court decided to hear the case.

Connecticut athletes rally to protect women's sports. (Courtesy of Alliance Defending Freedom)
Connecticut athletes rally to protect women's sports. Courtesy of Alliance Defending Freedom

Cases are sometimes heard again by a full court if the matter is of exceptional public importance or if there is a conflict with a prior court decision.

While the courts may resolve the cases, Rives said, the issue is critical for women’s rights. She urges people to speak out.

“The transsexual movement is undeniably an assault on women’s rights.”

Darlene McCormick Sanchez
Darlene McCormick Sanchez
Reporter
Darlene McCormick Sanchez is an Epoch Times reporter who covers border security and immigration, election integrity, and Texas politics. Ms. McCormick Sanchez has 20 years of experience in media and has worked for outlets including Waco Tribune Herald, Tampa Tribune, and Waterbury Republican-American. She was a finalist for a Pulitzer prize for investigative reporting.
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Title IX
transgender athletes
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