Is Biden’s Proposal Allowing Schools to Limit Trans Athletes’ Participation in School Sports a Step in the Right Direction?

Six months ago (April 6), the Biden administration sent shockwaves through the nation by proposing a highly controversial rule change that would allow federally funded schools to regulate trans athletes’ participation in school sports. An ambitious proposal meant to “advance Title IX’s longstanding goal of ensuring equal opportunity in athletics (1),” while providing “much needed” guidelines advising public schools on how to best handle the situation, did little more than rile up people on both sides of the fence.

With trans rights activists upset because schools technically still have power to prevent some trans athletes from participating on teams that align with their gender identities (2), and conservatives vehemently expressing their distaste by saying trans athletes (particularly, trans women) don’t belong in women’s sports at all, Biden, by virtue of his proposed legislation, found himself somewhere in the middle. Did he make the right choice? As a former high-school athlete, I say yes.

According to the New York Times, the U.S Department of Education’s new rule would effectively prevent schools from issuing “blanket bans” on transgender athletes (3). Which, at face value, is a good thing. Additionally, the rule would allow schools to determine whether to let trans athletes compete on a case-by-case basis, during which questions of physicality and fairness would be addressed (which is also a good thing). But how can two equally “good things” come from complete opposite ends of the political spectrum?

In basic terms, the trans athlete debate involves two things: 1) The belief that everyone should be able to participate in school sports, and 2) The idea that the integrity of women’s sports can/will be compromised if trans athletes are able to do so (4).

A simple Google search reveals countless articles where parents are found defending their children, saying “all [my daughter] really wants to do is sing ‘Pitch Perfect’ on the bus to out-of-town games and throw up after she does too many burpees (1).”

And don’t get me wrong — there’s nothing wrong with that.

As stated by the ACLU, “Trans high school student[s] may experience detrimental effects to their physical and emotional wellbeing when they are pushed out of affirming spaces and communities (5).” In a perfect world, that wouldn’t be an issue. The problem is this isn’t a perfect world. Like it or not, high stakes are attached to school sports.

Take for example my high school basketball career. In 2011, my team made it to the New York State Championship Game for the first time in school history. That same year, one of my childhood friends (who was our leading scorer) received an athletic scholarship offer to play Division I basketball at a top university — an opportunity he otherwise wouldn’t have been able to afford. Years later, he made it to the NBA (on a 10-day contract) and cemented his legacy as one of the best players to come from my city.

Growing up, I had multiple friends on the girls’ team as well. Just like my childhood friend, many of them earned spots in our school’s record books. Just like my childhood friend, many of them received athletic scholarship offers. Just like my childhood friend, many of them aspired to play basketball at a professional level. The difference being, their records, roster spots and/or scholarship opportunities could’ve been taken away by a transgender athlete.

One of the best examples of this phenomenon is highlighted by interactions between Riley Gaines (a former member of the University of Kentucky swim team) and Lia Thomas (a transgender swimmer from the University of Pennsylvania). Riley Gaines raced Lia Thomas in the 200-yard freestyle at the 2022 NCAA Swim Championships. At the event, Gaines and Thomas tied for fifth place (6). Since then, Gaines has been vocal about Thomas, saying her participation was “unfair (7),” and “biological men do not belong in women’s sports (6).”

Based on statistics, it’s hard to disagree.

According to the New York Post, Thomas joined the University of Pennsylvania women’s swim team after competing on the men’s team for three years. By the end of her career, “Thomas’ rank skyrocketed from 65^th for men to 1^st in the female 500-yard freestyle, and from 554^th for men to 5^th for women in the 200-yard freestyle (7).” Although extensive research hasn’t been done comparing the differences between trans athletes and their cisgender peers (8), the results speak for themselves.

I’ll be honest; Biden’s proposal isn’t perfect, but it’s the perfect solution for right now. It acknowledges that trans athletes should be able to participate in school sports. It acknowledges that biological women may be at somewhat of a disadvantage. Most importantly, it acknowledges there’s more work to be done. While I’d love to see trans leagues, trans record books and even trans-exclusive roster spots/scholarship opportunities, for now, this will do.