The Biden administration’s new transgender sports rules have been shelved after being inundated with comments about the proposal.
More than 240,000 comments on the rules, which would limit how far states can go with gender-based athletic restrictions, were submitted between April 12 and May 15.
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“Careful consideration and consideration of these comments takes time and is essential to ensure the final rule goes ahead,” said a Department of Education blog post published Friday announcing the updated timeline. “Therefore, the department is updating its spring consolidated agenda to now reflect the expected October 2023 date for the final rule under title IKS.”
The proposal was first announced on April 6 and requires schools to allow elementary students to compete in sports based on their gender identity, while leaving some room for high school and college sports to be decided by individual schools. It was originally supposed to be completed in May or June.
The White House touted the proposal as a way to support transgender athletes, and while some progressives were upset that it didn’t go far enough, Republicans criticized it as forcing schools to allow men to compete against women and girls.
Conservative leaders celebrated the delay as a victory.
“Thousands of American citizens submitted public comments opposing Biden’s radical redefinition of gender and the IKS title, and scored a huge victory by announcing the rule’s delay,” said Jessica Anderson, executive director of Heritage Action. “This is a testament to the power of the people and underscores how unpopular the left’s gender agenda is with the American people.”
Heritage Action, the lobbying arm of the Heritage Foundation, was one of several conservative groups that launched portals seeking comment against the move.
The update made clear that the department remains in compliance with the new rules, saying the Biden-Harris administration is “committed to ensuring all students have a gender-free educational environment.”
“In the title IKS, the proposed regulations announced by the department in July 2022 are historic,” said the update, which did not identify the author. “They would strengthen protections for students who experience sexual harassment and assault at school, and help protect LGBTKI+ students from discrimination.”
The 240,000 public comments submitted in just over a month are nearly double what the department received the last time it updated the Title IKS rules. Now digging through those comments.
Education Secretary Miguel Cardona touted the proposed rule as a safeguard for equal athletic opportunity, adding that he welcomes and encourages the public to speak out. It is not known how many comments were in favor of the new rules, and how many were against them.
A number of gay and transgender advocacy groups praised the rule in submitted comments, including a coalition that included the Trevor Project and the National Center for Lesbian Rights.
“The rule as proposed would effectively prohibit any policy that restricts the ability of transgender students to participate in school sports in elementary and middle school, and would permit any such restrictive policy in high school only in rare circumstances and only at highly competitive levels,” she wrote. is the coalition in its comment.
The move pits the White House against several GOP governors, most notably presidential hopeful Gov. Ron DeSantis (R-FL). DeSantis is known for his engagement on culture war issues, and the Florida Legislature has approved a ban on transgender treatment for children.
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In all, 20 states have passed laws prohibiting biological students from competing in girls’ high school sports, according to Associated Press.
If the new federal rule is implemented and schools defy it, they could lose federal funding.