This past summer, the Department of Education issued proposed rules that claim to enforce Title IX, the federal statute that prohibits schools that receive federal money from discriminating “on the basis of sex,” 20 U.S.C. § 1681(a). The Department claims that its proposed Title IX rule does not address the application of the statute to women’s sports. This is incorrect.
On September 12, Independent Women’s Law Center (IWLC) filed a comment with the Department, noting that the proposed rule makes no exception for athletics. Moreover, because the proposed rule requires schools to allow students to participate in all school programs and activities consistent with their gender identity, 87 Fed. Reg. at 41,571 (proposed § 106.31(a)), the rule necessarily requires schools to allow male-bodied athletes who identify as women to compete on women’s athletic teams.
This is not fair to female athletes. In fact, it is a violation of the very statute the Department purports to enforce. Accordingly, IWLC requested that the Department withdraw the rule or, at the very least, clarify it to explicitly exempt athletics.
Read the full comment here: