Biden administration’s Title IX proposal receives stark warning from UN expert: ‘Detrimental effects’

The Biden administration’s Title IX proposal that would expand the meaning of sexual discrimination to include gender identity and prevent schools and colleges from banning transgender athletes received pushback from a United Nations expert Wednesday.

Reem Alsalem, a U.N. special rapporteur on violence against women and girls, expressed concern the proposed changes would violate biological women and girls’ rights to equality and non-discrimination as student-athletes.

“I share the concern expressed by women and girl athletes and women sports associations, as well as women and girls on sports scholarships, that the proposed Title IX rule changes would have detrimental effects on the participation of biological women and girls in sports, including by denying them the opportunity to compete fairly, resulting in the loss of athletic and scholarship opportunities,” Alsalem said in a news release.

Alsalem added that private spaces for women and girls could be removed under the Title IX proposal.

“More importantly, it would lead to the loss of privacy, an increased risk of physical injury, heightened exposure to sexual harassment and voyeurism, as well as a more frequent and accumulated psychological distress due to the loss of privacy and fair and equal sporting and academic opportunities,” she said.

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“If the proposed changes are adopted, they would contravene the United States’ international human rights obligations and commitments concerning the prevention of all forms of violence and discrimination against women and girls on the basis of sex.”

Under the Education Department’s proposed rule, no school or college that receives federal funding would be permitted to impose a “one-size-fits-all” policy that categorically bans transgender students from playing on sports teams consistent with their gender identity. Such policies would be considered a violation of Title IX.

“The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity,” the Education Department wrote in April.

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“The proposed regulation would clarify Title IX’s application to such sex-related criteria and the obligation of schools and other recipients of Federal financial assistance from the Department (referred to below as ‘recipients’ or ‘schools’) that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate.”

In a press release, the administration said the “proposed rule affirms that students benefit from the chance to join a school sports team to learn about teamwork, leadership and physical fitness.”

“The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are. The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation. 

“The proposed rule would provide schools with a framework for developing eligibility criteria that protects students from being denied equal athletic opportunity, while giving schools the flexibility to develop their own participation policies.”

Education Secretary Miguel Cardona has said that he supports allowing biological male transgender people to compete in women’s sports. He said during his confirmation hearing that it is “critically important” that educators and school systems “respect the rights of all students, including students who are transgender” and that all students should be able to participate in activities.

The U.N. expert warned the proposed changes would “contravene the United States’ obligations under international human rights law.”

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