A proposal by the Biden administration to ban a complete ban on transgender athletes sparked outrage from conservative leaders, while also angering trans rights activists who noted that schools could still bar some athletes from competing on teams that align with their gender identity .

The proposed rule, which is still undergoing a lengthy approval process, finds that blanket bans, such as those approved in at least 20 states, would violate Title IX, the landmark gender equality law enacted in 1972. But schools receiving federal funding could still adopt policies that restrict transgender student participation, particularly in more competitive high school and college sports.

Under the proposal, it would be much more difficult for schools to, say, ban a transgender girl in elementary school from playing on a girls’ basketball team. But it would also leave room for schools to develop policies that prohibit trans athletes from playing on more competitive teams if those policies are designed to ensure fairness or prevent sports-related injuries.

Imara Jones, a trans woman who created The Anti-Trans Hate Machine podcast, rejected the proposal, saying that ahead of an election year, President Biden is trying to get around the fence on a human rights issue by legally resorting to schools that bar some trans athletes from competition .

The Biden administration framed their proposal as prohibiting blanket discrimination against trans athletes,” Jones said. But actually, it provides guidelines for how schools and universities can legally ban trans athletes.

U.S. Representative Alexandria Ocasio-Cortez, a Democrat from New York, also voiced strong criticism. say in a tweet that the plan was indefensible and shameful.

The US would ban a complete ban on transgender athletes, but would allow exceptions

Erin Reed, a prominent trans activist and researcher, said the proposal is an alarming reflection of right-wing talking points, which argue that trans participation could increase injuries and take away scholarship opportunities from female athletes who are cisgender, meaning their gender identity matches the gender they represent. they were. assigned at birth. She worries that school boards and legislators will use it to justify bans.

Virtually no extensive research has been done to determine whether adolescent trans girls have a clear athletic advantage over cisgender girls.

I can’t read this other than betrayal, Reed said in a tweet. This whole document is worse than doing nothing.

The U.S. Department of Education declined to comment on Friday over criticism from trans rights advocates.

Sean Ebony Coleman, founder of New York’s Destination Tomorrow LGBTQ+ center, said policymakers, particularly at the national level, should rule out any possibility of further exclusion of transgender people.

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While it hypothetically prevents blanket bans, it provides enough gray area for discreet gender policing and demonization, particularly at the local level, Coleman said.

Still, some transgender athletes welcomed the proposal as an important first step to protecting trans children’s access to sports.

I’d like to see the protections expanded to elite and collegiate sports, but this seems like a good start, says Iszac Henig, a trans man and competitive swimmer at Yale University. Trans athletes should have the opportunity to compete on the team of their choice if their athletic ability allows.

Some LGBTQ+ organizations, such as the nonprofit group GLBTQ Legal Advocates & Defenders, welcomed the proposal to allow schools to adopt what they believe is reasonable policies for the inclusion of transgender athletes, taking into account differences between sports and different competition levels.

As Title IX turns 50, it plays a surprising role in the debate over access to transgender athletes

Doriane Coleman, a professor of law at Duke University, said the proposal would still allow schools to choose male and female sports teams “and makes sense compared to the one-size-fits-all approach that some states is used.

One way the federal government, states and advocacy groups can avoid piecemeal litigation is by making it clear that there is a body of evidence to support generalizable gender-specific fitness standards for any sport at any developmental level, Coleman said.

The proposal was attacked by many Republican leaders who said they were ready to fight the plan in court.

South Dakota will not allow this, Gov. Kristi Name tweeted. We will lead. We will defend our laws.

Alabama

Attorney General Att. gene

. Steve Marshall issued a statement suggesting the state could also try to challenge the federal rule. Alabama lawmakers passed legislation in 2021 that would ban trans women and girls from competing on a female sports team in K-12 schools. It was also one of 20 states to file a lawsuit in 2021 to end guidelines extending federal protections against sex discrimination to LGBTQ+ people.

I have made it abundantly clear to the Biden administration that he will NOT impose his radical policies on Alabama athletes. He will NOT destroy athletic competition for our young women and girls. In Alabama, our law protects girls’ sports. Stay tuned! Marshall said in a statement.

Selina Soule, a former high school track and field player in Connecticut who filed a lawsuit with others over the state’s policy allowing two transgender girls to compete against them, denounced the proposal.

I didn’t stand a chance competing with them, she said of trans girls. “Women deserve fair competition.

The public has 30 days to comment on the proposal after it is published in the Federal Register. After that, the Education Department will review the comments and decide if any changes are needed before issuing a final rule.

___Murphy reported from Oklahoma City and Schoenbaum reported from Raleigh, NC Associated Press writers Carole Feldman in Washington, DC, Erica Hunzinger in Denver, Kimberly Chandler in Montgomery, Ala., Pat Eaton-Robb in Hartford, Conn., and John Hanna in Topeka, Kan., contributed.