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More on the UIL ban of transgender athletes

From ThinkProgress:

Transgender rights in Texas took another step backward last month, when public school superintendents voted 586-32 in favor of a rule that requires schools to use birth certificates to determine the gender of student-athletes.

This law is seen not only as “an attempt to handicap transgender student-athletes’ eligibility,” but it’s also believed to be a clear violation of Title IX.

“The Department of Education has stated that Title IX covers trans students and prohibits discrimination based on gender. Not only is [this policy] not in line with the law, but it also runs counter to the recommended policies by the National Center for Lesbian Rights,” Neena Chaudhry, the Senior Counsel and Director of Equal Opportunities in Athletics at the National Women’s Law Center, told ThinkProgress. “The recommendation is that children will be able to play on a team consistent with gender identity.”

With this ruling, Texas has become one of the least-inclusive states for transgender athletes.

Using students’ birth certificates, rather than their gender identities, to place them on a team has been an informal policy in Texas for some time. But in October, the University Interscholastic League — the governing body of Texas high-school sports — decided to send the policy to the superintendents for a vote. The results of that vote, which took place in January, were released by the Texas Observer last week. It will be officially enacted on August 1.

[…]

In 2014, the Department of Education (DOE) clarified that Title IX nondiscrimination protections did extend to transgender student-athletes. Christina Kahrl of ESPNreports that Texas is budget to receive $3.2 billion from the DOE in 2016 and 2017; that money could be lost if they are found in violation of Title IX. ThinkProgress reached out to the DOE for comment, but did not hear back by the time of publication.

“The goal of Title IX is to have an environment free of discrimination, so schools need to remember that and make sure they’re not discriminating against any of their students,” Chaudhry said.

See here and here for the background. That’s a lot of money potentially at stake here. One wonders if the school districts that voted to adopt this policy were briefed on that. (One also wonders what HISD thinks of this change, but so far there has been no local reporting on this that I know of.) Since this new policy won’t be formally adopted until August, it’s hard to say how long it might take for the Justice Department to act. It’s certainly not out of the question that the matter could be unresolved as of November, in which case the election may change things. I doubt President Trump’s Department of Education would care to enforce this. Be that as it may, that’s a lot of money at risk, for a change that did not need to be made. TransAthlete has more.

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