The Department of Education appears to be proposing rule changes to Title IX, which could potentially take into account gender identity, which would formally allow men to compete in women's-only sports.

  Public comments are being sought on proposed changes.

According to information released by the Department of Education:

"The Department’s comprehensive review of its Title IX regulations began in March 2021, as directed by Executive Order 14021 – Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. The Department has sought public input throughout that process."

While you can look at the proposed changes by looking here (it's a rather wordy document) one of the lines that jump out reads as follows (from the Department of Education document):

  "Articulate the Department’s understanding that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity;..."

Title IX prevents any sex discrimination at any K-12 school that receives federal funding for education or any activity, including athletics. It's largely been viewed as the law that gave us widespread women's sports--which has been tremendous.

However, these proposed changes certain appear that DOE is attempting to include gender identity in the formal rules. If that's the case, then athletes could compete in whatever sport they identify with sexually.  So far, we really have not seen any cases of men wishing to compete in women's sports, because we have men's volleyball, basketball, gymnastics, etc. There are not any sports that are exclusive to men because of Title IX.

This would seemingly apply to cases where men who identify as a woman wish to compete in women's track, swimming, and wrestling, as we have already seen.

For more information on these proposed changes, click here. 

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