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Local Sports Leagues Must Not Adhere to Biden’s Title Ix Pro-Transgender Update: Develop Policy Before It Happens

By Betsy Barnett

May 10, 2024

In West Virginia five middle school female track athletes staged their own brand of protest when they refused to throw the shot put against a 13-year-old transgender athlete, a biological male taking hormone blockers and estrogen enhancement drugs. The five female athletes took turns getting in the throwing ring, but then stepping out refusing to compete. For their protest the school suspended them from competing in track.

The biological male transitioning to be a girl that they were protesting won the shot-put event.

Riley Gaines, Kentucky swimmer and well-known national advocate for women’s right to compete in sports against only biological females spoke out in defense of the middle school girls, “Rather than banning the boy from girls’ sports, they ban the girls from girls’ sports. You can’t make this stuff up. Sue them to oblivion.”

Gaines is best known for her ongoing advocacy for women in women’s sports. Her experience began as an elite NCAA female swimmer for Kentucky when she was forced to swim against Lia Thomas, a transitioned male who had in previous seasons swam for the Penn men’s team, but upon transitioning was allowed to swim in the women’s division. Thomas shattered records and beat many women in the various races, including three former Olympians who lost opportunities because of their loss to Thomas. At the 2022 NCAA Swimming Championships held in Atlanta, Georgia Thomas and Gaines tied in a fifth-place finish in the 200-yard final. The NCAA elected to give Thomas the 5th place points and awards—including All-American status—instead of Gaines because of Thomas’ “groundbreaking” participation.

Gaines sued the NCAA and since has won the suit which included Thomas not being eligible to swim at the upcoming Summer Olympics. Gaines has now found her voice and travels the country advocating for women’s opportunities in sports and ensuring biological men stay out of biological women’s sports. In the suit Gaines and 15 other NCAA female athletes argued, “We bring this case to secure for future generations of women the promise of Title IX that is being denied to us and other college women.”

Perhaps that argument is the reason President Biden, out of the blue, decided to alter the ground-breaking Title IX Act that was established in 1972 and gave girls equal opportunity to access in athletics. After 1972 girls’ athletic participation exploded and molded two generations of strong females who have enjoyed the multiple benefits of athletic competition.

On April 26, 2024, President Biden updated Title IX to include equal access for transgender athletes on the playing field and in the locker rooms. The change goes into effect August 1, 2024—just in time for the 2024-2025 school year including athletics.

Immediately, multiple states sued the Biden Administration stating the ‘update’ was unconstitutional and, in some cases, trampled the state’s existing legislation when it comes to men in girls’ sports. Texas Governor Greg Abbott sent a scorching letter to Biden condemning the change in Title IX saying it, “forces schools to treat biological men as women.” The letter further stated that Texas will not adhere to the new rule.

This week Arkansas Governor Sarah Huckabee Sanders also took a strong stand against the Title IX ‘update’ that Joe Biden so handily penned. Sanders said, “Title IX was written by Congress to support the advancement of women academically and athletically. It was based on the fundamental premise that there are only two sexes—male and female. You have re-written Title IX to force schools to treat boys as if they are girls and to accept every student’s self-declared gender identity.”

The Iowa Attorney General stated, “It attempts to erase women completely.”

That AG went on to say they aren’t going to wait for an incident to arise whereby Biden’s Title IX changes will be examined as to its constitutionality. Instead, Iowa will not adhere to the changes.

In a handful of discussions with local school leaders, I asked them what they will do if they have a male student who says they identify as a girl and wants to play girls’ sports. The school administrators pointed out first that they don’t think that would happen, but if it did, they do admit they would be worried about their federal funding. We discussed further as to what would a school do if one of their girls’ teams were forced to play against another school that had a transitioning boy on the team. Their answer was generally incomplete and indicative of determining action given the situation at the time.

I suggest the Hi-Plains League, Arkansas Valley League, Tri-Peaks League, etc… decide now—this summer—what their policy is. Period. Take a position now. Do what the NAIA just did—they banned transgender athletes from women’s sports but allows transgender athletes to play in men’s sports. The new policy passed unanimously.

There may be some who take the liberals’ stance of equity and inclusiveness in this issue. But nature is not always equitable or inclusive. It’s simply nature—that biological boys are physiologically superior to biological girls with more muscle mass, larger bones and tendons, and generally bigger and stronger. This results in an unfair situation for girls and takes opportunities from girls—erasing over 50 years of advancements for girls. These transitioning males must play with the boys—they are still included—even if they want to wear a sports bra instead of a jock strap.