WASHINGTON — President-elect Donald Trump has reiterated plans to ban transgender youth from participating in school sports consistent with their gender identity. This controversial agenda aligns with Trump’s broader anti-transgender initiatives. Experts and LGBTQ+ advocates anticipate significant legal challenges if such measures are pursued, creating potential delays.
Trump’s transition team has not provided specific details but emphasized the president-elect’s commitment to fulfilling his campaign promises. Karoline Leavitt, a spokesperson, stated, “The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail. He will deliver.”
Reversing the final rule for Title IX
The U.S. Education Department under President Joe Biden updated Title IX regulations in April to enhance protections for LGBTQ+ students. Although the final rule does not specifically address transgender athlete participation, it mirrors the Biden administration’s broader enforcement goals. However, the rule has faced significant opposition from GOP attorneys general.
Trump intends to reverse these regulations, but doing so would require adherence to the Administrative Procedure Act, a lengthy process. Cathryn Oakley of the Human Rights Campaign explained the complexity of this task, noting that regulations hold the force of law. Any attempt to reverse them must comply with established procedural requirements.
Oakley stated that while a subsequent administration can undo current Title IX regulations, it requires extensive effort and compliance with the APA. The Trump administration would have to start anew, proposing and implementing its rules.
Preparing to push back
Efforts by the Trump administration to change trans athletes’ sports participation policies will likely encounter legal challenges from LGBTQ+ advocacy groups. Oakley emphasized the need for strategic preparedness without conceding legal ground. “We need to be trying to ground ourselves in the actual legal reality that the president-elect will be facing when he comes into office and be able to fight with the tools that we have and not concede anything in advance,” she stated.
Biden rule does not address athletics
The Biden administration did not finalize a separate rule on transgender athletes, leaving the issue open. Shiwali Patel from the National Women’s Law Center suggested potential announcements from the Trump administration regarding Title IX changes. Patel expressed concerns about the harmful impact this focus on transgender athletes could have. The Trump administration may also seek a national ban through legislation, but this faces significant Senate challenges due to filibuster rules.
Broader anti-trans legislation
According to the Movement Advancement Project, 25 states have enacted laws prohibiting transgender students from competing in sports aligned with their gender identity. Logan Casey of MAP noted that these sports bans often serve as a platform for broader anti-trans legislation. He described the rapid increase in such laws as a manufactured controversy, highlighting the swift policy changes across the nation.
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