The Biden administrations stance on transgender athletes is set trigger a legal faceoff over whether biological male athletes competing on female high school and college sports teams.
The issue began on day One of Biden’s presidency when he signed an executive order mandating any school that accepts federal funds allow transgender men to play on women’s sports teams.
The law is aimed at “preventing and combating discrimination on the basis of gender identity or sexual orientation.”
In opposition to the law 13 state legislatures recently began deliberating various laws that would dramatically limit the availability of athletic opportunities for biological men who identify as women.
House committee in Utah approved language in a bill that would force all schools in the state to segregate all athletics by biological sex.
Any schools public or private found in noncompliance of the law would be subject to legal action or a loss in funding. While north Dakota House of Representatives passed a bill barring high school athletes from participating in sports against those who aren’t a member of their biological sex.
Sarah Perry, a former attorney for the Department of Education and legal fellow at the conservative Heritage Foundation is reported to have said that Because the Biden order goes into effect 100 days after it’s signed, state legislators are working overtime because until the federal agencies that directly implicate local citizens like student-athletes start moving, they have a very short window to pass their own legislation.
She further said that it would lead to a conflict analysis between the power of the executive branch and the state legislator, particularly on issues concerned with education.
Critics of the Biden administration point to cases in Connecticut in which biological men won 15 state women’s championship titles and 17 school records resulting in Students in that state filing a lawsuit against the Connecticut Interscholastic Athletic Conference for sex discrimination, arguing that allowing biological men to compete against them violates Title IX and cost them opportunities to earn scholarships.
Republicans, and a few Democrats across the country like former Hawaii Rep. Tulsi Gabbard, have scrambled to stop what they say is the effective end of women’s sports.
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