House Passes Bill Limiting Transgendered Students Participation in Sports
The U.S. House of Representatives passed H.R. 734, the Protection of Women and Girls in Sports Act of 2023.
The bill was introduced by U.S. Rep. Greg Steube (R-Fla.) and co-sponsored by
U.S. Rep. Virginia Foxx (R-N.C.), Chairwoman of the House Education and Workforce
Committee. The House passed the legislation along party lines by a vote of 219-203.
The bill would amend Title IX to define sex as being based
solely on a person’s reproductive biology and genetics at birth. Specifically,
the bill provides that it is a violation of Title IX of the Education Amendments
of 1972 for federally funded education programs or activities to operate, sponsor
or facilitate athletic programs or activities that allow individuals of the male
sex, as defined by this bill, to participate in programs or activities that are designated for women or girls.
Additionally, the bill asserts that nothing in it should be
construed as prohibiting a school or university from allowing a male “to train
or practice with an athletic program or activity that is designated for women
or girls so long as no female is deprived of a roster spot on a team or sport,
opportunity to participate in a practice or competition, scholarship, admission
to an educational institution, or any other benefit that accompanies participating
in the athletic program or activity.’’ The practical application of this will
be that males can train or practice with a girls’ or women’s team, but they
cannot be a member of a girls’ or women’s team.
These changes to Title IX would apply to all elementary and
secondary schools, as well as higher education institutions that receive federal funds.
The U.S. Senate, led by Democrats, is unlikely to bring the
bill up for a vote. However, the White House issued a Statement of Administration Policy saying that it does not support
the bill and will veto it if the bill does make it to President Biden’s desk.
This bill was passed on the heels of the Biden administration’s
release of its Notice of Proposed Rulemaking (NPRM) regarding Title IX’s treatment
of transgendered athletes. In its current form, H.R. 734 would violate the regulations
in the NPRM because it categorically prohibits transgendered women from participating in athletics.