An Attempted Compromise? Breaking Down the Proposed Title IX Rule For Transgender Athletes

On April 6, 2023, the U.S. Department of Education proposed a new rule addressing transgender athletes’ participation on sports teams in schools, colleges, and universities. The proposed rule appears to be an attempted compromise between proponents and opponents of allowing students to participate on athletic teams matching their gender identity.

If adopted, the proposed rule would prohibit categorical bans on transgender athletes’ participation on sports teams consistent with their gender identity. Such a prohibition would preempt current state laws, such as the one in Texas, that require students to participate on the sports team matching their sex assigned at birth. The proposed rule would allow sex-related eligibility criteria in certain circumstances. OCR would apply a new test, balancing the educational objectives of schools in limiting transgender student participation against the potential harm to students whose participation opportunities are limited or denied, but much uncertainty remains as to what limitations might pass muster.

Join us for a webinar on Friday, April 14 at 11:00 a.m. as we discuss what your school, college, or university should know now about the proposed rule. We will break down the Department of Education’s next steps, including receiving public comment and potential adoption of the proposed Title IX athletic rule. You may submit questions for our panel during registration or live during the webinar.