{"id":569159,"date":"2023-04-07T02:56:43","date_gmt":"2023-04-06T23:56:43","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/us-would-bar-full-ban-on-trans-athletes-but-allow-exceptions\/"},"modified":"2023-04-07T02:56:43","modified_gmt":"2023-04-06T23:56:43","slug":"us-would-bar-full-ban-on-trans-athletes-but-allow-exceptions","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/us-would-bar-full-ban-on-trans-athletes-but-allow-exceptions\/","title":{"rendered":"#US would bar full ban on trans athletes but allow exceptions"},"content":{"rendered":"
WASHINGTON (AP) \u2014 Schools and colleges across the U.S. would be forbidden from enacting outright bans on transgender athletes under a proposal released Thursday from the Biden administration, but teams could create some limits in certain cases \u2014 for example, to ensure fairness.<\/p>\n

The proposed rule sends a political counterpunch toward a wave of Republican-led states that have sought to ban trans athletes from competing in school sports that align with their gender identities. If finalized, the proposal would become enshrined as a provision of Title IX, the landmark gender equity legislation enacted in 1972.<\/a><\/p>\n

It must undergo a lengthy app<\/a>roval process, however, and it\u2019s almost certain to face challenges. While opponents sharply criticized the proposal, some advocates for transgender athletes were concerned that it did not go far enough.<\/p>\n

The proposal comes on the same day that the Supreme Court<\/a> said a 12-year-old transgender girl in West Virginia can continue competing on her middle school track and cross-country teams while legal battles over the state\u2019s transgender law continue. The law bans transgender athletes from female teams.<\/p>\n

All told, at least 16 states now have bans in effect covering at least high school interscholastic sports. Some also extend to intramural, club or college sports. Enforcement of bans in at least three states has been put on hold by courts, and one more has adopted a ban that doesn\u2019t take effect until July.<\/p>\n

Under the Education Department’s proposed rule, no school or college that receives federal funding would be allowed to impose a \u201cone-size-fits-all\u201d policy that categorically bans trans students from playing on sports teams consistent with their gender identity. Such policies would be considered a violation of Title IX.<\/p>\n

Still, it leaves room for schools to develop team eligibility rules that could ultimately result in restrictions around trans athletes\u2019 participation.<\/p>\n

That would be allowed only if it serves \u201cimportant educational objectives,\u201d such as fairness in competition and reduction of injury risks.<\/p>\n

Any limits would have to consider the sport, the level of competition and the age of students. Elementary school students would general<\/a>ly be allowed to participate on any teams consistent with their gender identity, for example. More competitive teams at high schools and colleges could add limits, but those would be discouraged in teams that don\u2019t have tryouts or cuts.<\/p>\n

\u201cEvery student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination,\u201d Miguel Cardona, Biden\u2019s education secretary, said in a statement.<\/p>\n

The Biden administration used \u201cfairness of competition\u201d as criteria, which has been part of the debate both in the U.S. and globally. But officials offered no specifics on how this could be done.<\/p>\n

Of the tens of millions of high school students in the U.S<\/a>., about 300,000 youth between the ages of 13 to 17 identify as transgender, according to a 2022 study from the Williams Institute, a think tank at UCLA focused on LGBTQ+ issues. The number of athletes within that group is much smaller; a 2017 survey by Human Rights Campaign suggested fewer than 15% of all transgender youth play sports.<\/p>\n

Asked about the proposal, Bobbie Hirsch, a transgender man and sophomore on the Wayne State men\u2019s fencing team, said \u201canything helps\u201d but he feared the language in the rule would make it easier for schools to tell transgender athletes they can\u2019t play on a team. \u201cThat\u2019s the direction things have been going,\u201d he said in a phone interview.<\/p>\n

Hirsch competed on the women’s team in the 2021-22 season, and began transitioning social<\/a>ly in high school and medically last summer.<\/p>\n

Eli Bundy, an 18-year-old transgender resident of Charleston, South Carolina, said they welcomed the proposal but were stopping short of celebrating.<\/p>\n

\u201cI have a hard time feeling relief when positive stuff happens at the national level because there\u2019s still so much at the state level from the South Carolina Legislature that is antagonistic and sends a really harmful message to trans youth,\u201d said Bundy, who testified in 2021 against the state\u2019s ban on transgender students\u2019 participation in girls\u2019 or women\u2019s sports at public schools and colleges.<\/a><\/p>\n

Asked about the state bans now in place, a senior Education Department official briefing reporters on condition of anonymity said Title IX is the law of the land and they would work to ensure it\u2019s being followed in all the states.<\/p>\n

In the West Virginia case, the Supreme Court refused to undo an appeals court order that made it possible for the girl, Becky Pepper-Jackson, to continue playing on her school\u2019s teams. The state’s law on transgender athletes defines male and female by looking to the student\u2019s \u201creproductive biology and genetics at birth.\u201d It applies to middle and high schools, as well as colleges.<\/p>\n

Critics argue transgender athletes have an advantage<\/a> over cisgender women in competition. Last year, Lia Thomas became the first transgender woman to win an NCAA swimming title. College sports\u2019 governing body, however, adopted a sport-by-sport approach to transgender athletes in January 2022, which was to bring the organization in line with the U.S. and International Olympic committees, though recently the NCAA\u2019s board decided it won\u2019t be fully implemented until 2023-24.<\/p>\n

The NCAA released a statement Thursday night saying: “The NCAA\u2019s current transgender student-athlete participation policy aligns with the Olympic movement and balances fairness, inclusion and safety for all student-athletes. That policy remains in place while the lengthy Title IX regulatory process plays out.\u201d<\/p>\n

At the same time, international sports-governing bodies are instituting policies that ban all trans athletes from competing in track and field and effectively ban trans women from swimming events.<\/p>\n

Donna de Varona, a two-time Olympic gold medalist in swimming and a member of the Women\u2019s Sports Policy Working Group, said her hope is to find a \u201cnuanced approach\u201d to finding space for transgender athletes while allowing for Title IX to make sure girls and women have \u201cfairness, opportunity and safety.\u201d<\/p>\n

\u201cThere\u2019s plenty of room. … Why does it have to be in the women\u2019s category? We\u2019re already being compromised in our reproductive rights and now we have the other spectrum with sports,\u201d de Varona said in a phone interview.<\/p>\n

Sasha Buchert, Lambda Legal senior attorney and director of the group’s Nonbinary and Transgender Rights Project, said the rule provided \u201ccritical recognition of the importance of participating in sports for transgender youth.” At the same time she expressed concern about whether it would eliminate discrimination against transgender students.<\/p>\n

But an attorney for cisgender runners decried the proposal as \u201cas slap in the face to female athletes who deserve equal opportunity to compete in their sports.\u201d<\/p>\n

\u201cThe Biden administration\u2019s rewriting Title IX degrades women and tells them that their athletic goals and placements do not matter,\u201d said Christiana Kiefer, senior counsel at Alliance Defending Freedom. She represented Connecticut runners who sued over the participation of two transgender girls in track and field events.<\/p>\n

The Biden administration has made it a priority to bolster the rights of trans students. Last year it proposed a separate federal rule that for the first time would extend Title IX rights to LGBTQ students<\/a>, broadly protecting them from discrimination in education.<\/p>\n

That rule \u2014 which drew more than 240,000 comments from the public and sharp opposition from conservatives \u2014 is expected to be finalized as soon as next month.<\/p>\n

The new proposal doesn\u2019t offer examples of acceptable limits that can be placed on school sports, but it clarifies that restrictions can\u2019t be directed at trans students only. Schools will be left to navigate that tricky legal terrain, with the knowledge that any violation could bring a federal civil rights investigation or lawsuits.<\/p>\n

Schools that choose to impose limits must \u201cminimize harms\u201d to students who lose out on athletics opportunities, the proposal says. If a school can achieve objectives like fairness in ways that cause less harm, then the school could be deemed to be violating Title IX.<\/p>\n

\u201cPreventing students from participating on a sports team consistent with their gender identity can stigmatize and isolate them,\u201d according to background information provided by the administration. \u201cThis is different from the experience of a student who is not selected for a team based on their skills.\u201d<\/p>\n

Schools that violate Title IX can face penalties up to a compete loss of federal funding, although no school has ever been dealt that punishment.<\/p>\n

___<\/p>\n

AP Sports Writers Eric Olson in Omaha, Nebraska, and John Zenor in Birmingham, Alabama, and AP writers Pat Eaton-Robb in Hartford, Connecticut, and James Pollard in Columbia, South Carolina, contributed to this report.<\/p>\n

___<\/p>\n

The Associated Press education team receives support from the Carnegie Corporation of New York. The AP is solely responsible for all content.<\/p>\n

Originally published <\/span>

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WASHINGTON (AP) \u2014 Schools and colleges across the U.S. would be forbidden from enacting outright bans on transgender athletes under a proposal released Thursday from the Biden administration, but teams could create some limits in certain cases \u2014 for example, to ensure fairness. The proposed rule sends a political counterpunch toward a wave of Republican-led…<\/p>\n","protected":false},"author":1,"featured_media":569160,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/s.yimg.com\/ny\/api\/res\/1.2\/pgjBWADrdn6qbaDz1ie60g--\/YXBwaWQ9aGlnaGxhbmRlcjt3PTEyMDA7aD04MDA-\/https:\/\/media.zenfs.com\/en\/ap.org\/bc25108f8ce2dbfebd7d2ead321feea5","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[],"class_list":["post-569159","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/569159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=569159"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/569159\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/569160"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=569159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=569159"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=569159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}