Representative Tulsi Gabbard (D-HI) has proposed legislation that specifies that Title IX, which protects against discrimination based on sex in federally funded education programs, be applied based on biological sex as determined at birth by a medical professional.
The bill, called “Protect Women’s Sports Act,” was introduced with Representative Markwayne Mullin (R-OK) on Thursday. The goal of the bill is to protect “the sex-based intention of Title IX protections by reaffirming the biological sex-based distinctions between men and women in athletics.” If passed, organizations that allow biological males to participate in female sports would not be allowed to receive federal funding.
“Title IX was a historic provision championed by Hawai’i’s own Congresswoman Patsy Mink in order to provide equal opportunity for women and girls in high school and college sports,” Gabbard said in the press release. She continued, “It led to a generational shift that impacted countless women, creating life-changing opportunities for girls and women that never existed before.”
“However, Title IX is being weakened by some states who are misinterpreting Title IX, creating uncertainty, undue hardship and lost opportunities for female athletes,” Gabbard explained. “Our legislation protects Title IX’s original intent which was based on the general biological distinction between men and women athletes based on sex. It is critical that the legacy of Title IX continues to ensure women and girls in sports have the opportunity to compete and excel on a level playing field,” she added.
Sports Illustrated said on the issue”
“Though NCAA rules allow transgender women to participate in women’s sports, this is not the first time legislation has presented an obstacle. Various branches of government have disagreed on this issue just this year.
In April, Idaho banned trans athletes from women’s sports, though the state is being sued by Boise State track and field athlete Lindsay Hecox. In May, the Education Department’s Office for Civil Rights decided that allowing transgender athletes to compete in Connecticut high school sports violated the civil rights of female athletes. The Supreme Court ruled in June, however, that discrimination on the basis of gender identity is classified alongside sex discrimination under the Civil Rights Act”