The Department of Education on Friday withdrew a proposed rule that would have stopped schools from banning transgender athletes from joining teams that match their gender identities.
The decision to withdraw this rulemaking was submitted to the Federal Register on the same day the Biden administration also withdrew efforts targeting student loan forgiveness.
The decision halts a rule introduced in April 2023 that invited public comment on how Title IX—the landmark federal law banning sex discrimination in education—should address issues of gender identity in sports.
According to the administration, the proposed rule generated over 150,000 public comments, ranging from outright opposition to suggestions for modifications. Additionally, ongoing lawsuits challenging the interpretation of Title IX in cases involving gender identity and sports influenced the decision to step back.
The administration noted in its filing that it chose “not to regulate on this issue at this time,” citing the complexity of the comments and the unresolved legal battles.
While the rule was designed to provide flexibility for schools to limit transgender athletes’ participation in cases of “fairness in competition” or injury risk, critics argued it didn’t go far enough to protect women’s sports. Others said it was an important step for the inclusion of people who identify as transgender.
Ultimately, the administration concluded, “We do not intend for a final rule to be issued.”
Karoline Leavitt, a spokesperson for President-elect Donald Trump, took aim at the decision, accusing the Biden administration of “adding more red tape and making it more difficult for him to govern.”
“President Trump will not be deterred by their dirty tricks and will use every lever of power to reverse the damage Biden has done and implement his America First agenda,” Leavitt said.
Legal scholar Kate Shaw, who served in the Obama administration, suggested the withdrawal reflects the broader complexities of federal rulemaking. She noted that while administrations often race to finalize regulations before leaving office, the process requires significant time and planning.
“If you haven’t started it early enough, you’re not going to be able to wrap it up,” Shaw said.
The issue of transgenderism, especially concerning youth sports, has become a polarizing topic in U.S. politics. Republican campaigns in November emphasized protecting women’s sports, with many GOP leaders opposing athletes’ participation in sporting events that don’t match their biological sex.
Trump has pledged to take stricter action, including restricting transgender procedures for minors and bolstering protections for women in sports.
Supporters of the Biden proposal saw it as a step toward fairness and inclusion for transgender athletes, while critics viewed it as a threat to opportunities for women and girls.
