The Biden administration withdrew a rule that would have forced schools receiving federal funds to allow boys to compete in girls’ and women’s sports, if they claim to identify as girls.
The withdrawal comes one month before President-elect Donald Trump takes office, and in the context of multiple lawsuits against a previous rule change that went into effect on August 1.
In that previous rule, the Department of Education reinterpreted Title IX of the Education Amendments of 1972, a law that bars discrimination on the basis of sex in education. The changes force gender ideology on Americans in the name of prohibiting discrimination on the basis of sexual orientation and gender identity.
At least seven circuit courts have temporarily blocked the Title IX rewrite as unconstitutional, blocking it from taking effect in 26 states.
The Supreme Court in August upheld two lower courts’ temporary injunctions blocking President Joe Biden’s rule applying federal civil rights law to transgender issues in education, including school bathrooms.
In the official withdrawal notice, the Department of Education noted that “there are multiple pending lawsuits related to the application of Title IX in the context of gender identity, including lawsuits related to Title IX’s application to athletic eligibility criteria in a variety of factual contexts.”
When departments issue new regulations like this, they must allow public comment before issuing a final rule. The Department of Education delayed its initial transgender Title IX rule in response to an avalanche of negative comments. The withdrawal notice mentioned multiple comments opposing the rule, in whole and in part.
“In light of the comments received and those various pending court cases, the Department has determined not to regulate on this issue at this time,” the department added. “Therefore, the Department hereby withdraws the Athletics [notice of proposed rulemaking] and terminates this rulemaking proceeding.”
While the withdrawal notice is scheduled for publication on Dec. 26, it notes that the department withdrew the rule on Dec. 20, and the notice appears to have become available online on Tuesday.
[Editor’s note: This story originally was published by The Daily Signal.]
