On Friday, a group of 25 Republican governors submitted a letter to Department of Education Secretary Miguel Cardona, requesting the withdrawal or delay of a proposed Title IX regulation. The governors argue that this regulation would hinder states from enforcing statutes designed to protect fairness in women's and girls' sports.
The proposed regulation aims to clarify Title IX's application regarding sex-related criteria and financial obligations for schools receiving Federal assistance. According to its summary, "the Department of education recognizes that prevention of sports-related injury is an important educational objective in recipients’ athletic programs and that fairness in competition may be particularly important for recipients in some sports, grade, and education levels."
In their letter, the governors requested that Cardona withdraw or postpone the rule until pending Supreme Court cases address questions raised by the administration's expanded interpretation of Title IX. They contend that anti-transgender sports bans are necessary for ensuring fair play while preventing confusion among state authorities and academic institutions.
Seventeen states whose representatives signed the letter have already enacted such bans; however, several face legal challenges. For instance, Missouri lawmakers recently passed legislation prohibiting student participation in gendered athletic competitions unless they align with athletes' biological sex as recorded on birth certificates or government documents.
Human Rights Campaign advocates have called upon President Biden’s administration to eliminate exemptions allowing these bans. Meanwhile, more than 470 anti-LGBTQ bills were introduced during this legislative session alone across America—a statistic confirmed by the American Civil Liberties Union (ACLU).
Missouri Governor Mike Parson expressed his concerns over potential conflicts between state laws and federal regulations: “We believe it is crucial for students around our nation - both female and male - to participate fairly under duly-enacted rules.”
“In order for us all together as one united front ensure future generations receive equal opportunities regardless what side aisle we find ourselves on, we must not allow any administration or department overstep their authority,” added Idaho Governor Brad Little.