The Trump administration is pushing for changes to Title IX, particularly impacting the participation of transgender women and girls in sports. Legal experts argue that these changes may actually harm non-transgender girls disproportionately.
The Department of Energy plans to withdraw certain aspects of Title IX, citing a need for sports to be defined by “biological sex.” This decision aligns with the administration’s stance that enforcing Title IX conflicts with regulating transgender athlete participation.
This proposed change has been in the works for some time now, particularly targeting the ability of girls to try out for boys’ teams, or vice versa, when comparable teams are not available. However, it will only apply to educational programs receiving funding from the energy sector.
The Women’s Sports Foundation, established by tennis legend Billie Jean King, expressed concerns that these changes threaten hard-earned opportunities for female athletes, undermining years of progress.
In their rationale for the proposal, the Energy Department claimed that allowing girls to compete on boys’ teams disregards inherent gender differences. They have emphasized the belief that only two genders exist: male and female.
They also indicated that eliminating specific regulations would align with a broader objective of preventing “men from participating in women’s sports,” focusing on safety and fairness.
Meanwhile, the Department of Education is conducting surveys regarding policies that affect transgender girls’ participation in sports, emphasizing its commitment to protecting women’s sports.
Legal expert James Nussbaum noted that the motivation behind these proposed changes is unclear and questioned whether they will genuinely serve their stated goals, given the complexities involved.
For instance, while not every high school has a girls’ tackle football team, over 4,000 participated in boys’ teams during the last school year, according to the National High School Federation Association.
The Energy Department has yet to respond to inquiries about this proposal.
Any changes to federal regulations will undergo a lengthy process that begins with public comments lasting up to 60 days.
The proposed Title IX modifications could take effect as early as July 15 if there are no significant objections.
This fast-tracked regulatory approach, known as Direct Final Rules (DFR), is typically used for changes expected to generate minimal controversy, but experts argue these proposed changes are far from straightforward.
Notably, the Department of Energy does not usually handle Title IX regulations; this responsibility has historically fallen under the Department of Education’s Civil Rights Office. Legal specialists are surprised by this agency stepping out of its usual jurisdiction.
The Energy Department has a significant budget and capabilities to research these proposals, potentially making it more effective than the Department of Education. However, the recent past saw the closure of several Civil Rights Enforcement Bureaus within the agency, signaling downsizing.
The energy sector allocates substantial funding to public schools and universities, which means changes to its regulations may create friction with Title IX, complicating compliance for schools.
Activists and organizations advocating for women’s and LGBTQ rights are expected to voice their opposition to the proposed regulatory changes, with over 1,800 comments already submitted.
This Title IX proposal is part of a broader initiative from the Department of Energy to eliminate numerous regulations that they claim negatively impact American life.
The energy sector’s efforts to deregulate are significant, aiming to remove or modify 47 rules that could result in an $11 billion savings, as well as reducing regulatory language significantly. Among the targeted rules are those related to diversity, equity, and inclusion, which the department has labeled as non-scientific.
