The Biden administration’s new transgender sports rules have been delayed after it was inundated with comments on the proposal.
Between April 12 and May 15, more than 240,000 comments were submitted on the rules, which would limit how far states can go with gender-based sports restrictions.
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“Carefully examining and reviewing these comments takes time and is critical to ensure the final rule stands,” said a Department of Education blog post published on Friday announcing the updated timeline. “As a result, the Department is updating its unified spring agenda to now reflect the expected October 2023 date for the final Title IX rule.”
First announced on April 6, the proposal requires schools to give elementary-grade students the opportunity to compete in sports based on their gender identity, while giving individual schools some leeway in deciding high school and college -Sports remains. It was originally supposed to be completed in May or June.
The White House hailed the proposal as a way to support transgender athletes, and while some progressives were upset that it didn’t go far enough, Republicans have criticized it for forcing schools to allow men to compete against women and to compete girls.
Conservative leaders hailed the delay as a victory.
“Thousands of grassroots Americans submitted public comments opposing Biden’s radical redefinition of sex and Title IX, and they won a tremendous victory by announcing the rule’s delay,” said Jessica Anderson, executive director of Heritage Action. “This is a testament to grassroots strength and underscores just how unpopular the left’s gender agenda is with the American people.”
Heritage Action, the Heritage Foundation’s lobbying arm, was one of several conservative groups that launched portals to solicit comments against the move.
The update made it clear that the department continues to track the new rules, saying the Biden-Harris administration is “committed to ensuring that all students are guaranteed an educational environment free from sex discrimination.”
“The proposed regulations for Title IX, which the Department released in July 2022, are historic,” said the update, which does not list an author. “They would strengthen protections for students who face sexual harassment and assault at school, and they would help protect LGBTQI+ students from discrimination.”
The 240,000 public comments submitted in just over a month is almost double what the department received when the Title IX rules were last updated. It now trawls through these comments.
Education Minister Miguel Cardona has touted the proposed rule as protecting equal opportunities in sport, adding that he welcomes and encourages the public to speak out. It is not known how many comments supported the new rules and how many opposed them.
A number of gay and transgender advocacy groups praised the rule in comments submitted, including a coalition that included the Trevor Project and the National Center for Lesbian Rights.
“The proposed rule would ban virtually any measure that restricts the ability of transgender students to participate in school sports in elementary and middle school, and would allow such restrictive measures in high school only on rare occasions and only at highly competitive levels .” the coalition wrote in its commentary.
The move puts the White House against several Republican governors, most notably presidential candidate Gov. Ron DeSantis (R-FL). DeSantis is known for his involvement in culture war issues, and the Florida legislature has approved a ban on transgender treatment of children.
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According to the Associated Press, a total of 20 states have enacted laws banning all-male students from participating in high school women’s sports.
If the new federal rule is implemented and schools resist it, they could lose federal funding.
