The Department of Education plans to issue a new Title IX ruling that will protect transgender students in the coming weeks, according to a report from The Washington Post.
The proposed ruling, crafted within the Biden administration, comes on the heels of Utah's state Legislature overriding GOP Gov. Spencer Cox's veto of a bill prohibiting transgender athletes from participating in women's sports.
Florida, South Dakota and Texas already have similar laws on the books.
This year marks the 50th anniversary of Title IX, a civil rights law that expressly prohibits sex-based discrimination in any school or other education program that receives funding from the federal government.
If the Department of Education's new ruling garnered approval in the House and Senate, it would subsequently replace the original Title IX order from 1972.
According to the Post, the updated Title IX ruling would apply to "discrimination on the basis of sex [that] includes discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity."
Two weeks ago, Concerned Women for America filed a formal civil rights complaint against the University of Pennsylvania, arguing that under the current Title IX statute, the school refused to protect the rights of its female athletes.
That complaint specifically referenced how 22-year-old Lia Thomas (formerly William Thomas), a transgender athlete at the university who identifies as a woman, won the national title in the 500-yard freestyle at the NCAA women's swimming and diving championships.
The CWA argues that Thomas' inclusion on the women's swim team discriminated against other women, thus making the swimming competition unfair.
"The future of women's sports is at risk and the equal rights of female athletes are being infringed," said Penny Nance, CEO and president of CWA. "We filed a formal civil rights complaint against UPenn in response to this injustice. Any school that defies federal civil rights law by denying women equal opportunities in athletic programs, forcing women to compete against athletes who are biologically male must be held accountable."
The New York Post reports that prior to competing as a transgender athlete, Thomas swam for three years on Pennsylvania's men's team before transitioning. Thomas then sat out a year of competition to undergo testosterone suppression treatment.
According to Breitbart, Thomas previously ranked No. 462 in the men's swimming division.
On the flip side, proponents of transgender athletes might argue that laws banning them from competing ultimately harm transgender children.
Additionally, The Washington Post reports the Department of Education will attempt to alter regulations with how K-12 schools and universities handle sexual assault and harassment allegations.
The Trump administration's previous ruling provided more due-process rights to those accused of sexual misconduct. The Post has learned, however, that the adjusted ruling would lean favorably toward those "leveling the accusations."
The original Title IX measures were voted into the Senate and House by large margins. On March 1, 1972, the Senate approved the ruling by an 88-6 vote; two months later, the House passed the measure, 275-125.
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