Title IX permits schools to create single-sex teams for girls, meaning that girls have the right to compete on a single-sex team for girls or to participate on a coeducational team.
The new order means boys can now choose to compete against girls at all levels, even beyond puberty, where their physical strength becomes a distance athletic advantage.
The order also may prohibit homeless shelters for women from denying a bed to transgender men.
In Anchorage, the Downtown Soup Kitchen / Hope Center was sued by the City of Anchorage for denying entry to a man who wanted to be sheltered in the women’s shelter. The Hope Center, with Alliance for Defending Freedom, fought it in court and won.
Biden’s order instructs federal agencies to reinterpret federal laws and regulations that prohibit sex discrimination—including Title IX—to include gender identity so that women and girls are no longer protected in sports, locker rooms, and other contexts:
“Unfortunately, the Biden administration wasted no time in demanding policies that gut legal protections for women by denying female athletes fair competition in sports, ignoring women’s unique health needs, and forcing vulnerable girls to share intimate spaces with men who identify as female. Under a similar policy ADF is challenging in Connecticut, two males identifying as girls have taken 15 women’s state championship titles, depriving numerous female athletes of medals, advancement opportunities, and fair competition. This isn’t equality, and it isn’t progress. President Biden’s call for ‘unity’ falls flat when he seeks to hold those receiving federal funds hostage if they don’t do tremendous damage to the rights, opportunities, and dignity of women and girls,” said the Alliance for Defending Freedom.
“And the damage doesn’t stop there. Where similar policies have already been enacted through state or local laws, they’ve also repeatedly been used to force Americans to celebrate events and speak messages that violate their core beliefs. Males and females are different and ignoring that truth doesn’t erase reality. Americans deserve better than this new administration’s swift and ill-considered effort to wipe out long-standing protections for women and girls,” the organization said.
As a candidate, Biden promised many things for LGBTQ Americans, but never mentioned the ability of boys to compete with girls in girls’ sports or to be permitted to use their restrooms and locker rooms:
As President, Biden will stand with the LGBTQ+ community to ensure America finally lives up to the promise on which it was founded: equality for all. He will provide the moral leadership to champion equal rights for all LGBTQ+ people, fight to ensure our laws and institutions protect and enforce their rights, and advance LGBTQ+ equality globally. Biden will:
Protect LGBTQ+ people from discrimination.
Support LGBTQ+ youth.
Protect LGBTQ+ individuals from violence and work to end the epidemic of violence against the transgender community, particularly transgender women of color.
Expand access to high-quality health care for LGBTQ+ individuals.
Ensure fair treatment of LGBTQ+ individuals in the criminal justice system.
Collect data necessary to fully support the LGBTQ+ community.