President Joe Biden’s administration is reportedly halting the release of a Title IX rule that would require biological men to be allowed to compete in women’s sports until after the election due to the issue being unpopular with a majority of voters, The Washington Post reported Thursday.
In April 2023, the Department of Education released a proposed rule under Title IX, a landmark civil rights law, that would bar schools that receive federal funding from adopting a “one-size-fits-all-policy” prohibiting students from joining sports teams that don’t align with their biological sex. The rollout of the rule has been delayed several times and two people familiar with the administration’s plans told the Post that another delay is likely coming as the issue is “too much of a hot topic” to release before the election in November.
“Folks close to Biden have made the political decision to not move on the athletics [regulation] pre-election,” one individual who is familiar with the administration told the Post. “It seems to be too much of a hot topic.”
The Biden administration’s proposal has faced significant criticism from Republicans, female athletes, and women’s organizations, who have argued that allowing biological males to compete against women makes sports dangerous for female athletes and takes away their opportunities.
Half of the country has passed bans on biological males competing in women’s sports, with the most recent bill sailing through the Wisconsin legislature in March. Additionally, 69% of Americans said in June 2023 that they believe athletes should compete based on biological sex, not gender identity which was up from 62% in 2021, according to a Gallup Poll.
Former President Donald Trump currently holds a 1.4 point lead against Biden heading into 2024, according to RealClear Polling. Trump has previously indicated in 2022 that he would sign legislation barring athletes who identify as transgender from competing outside of their biological sex, according to NBC News.
“We will ban men from participating in women’s sports,” Trump told voters in Texas during a rally. “So ridiculous.”
A department official told the Post that the White House Office of Management and Budget “is still reviewing” the regulation and its 150,000 public comments while not denying that the release would be delayed.
“The Biden-Harris Administration is committed to ensuring all students are guaranteed an educational environment free from discrimination on the basis of sex,” the official said.
