Dave Brown and his wife, Judy Brown, both high school girls’ tennis coaches, resigned in protest of proposed Title IX regulations.[2] If adopted, these proposed regulations would require schools to allow students to participate on sports teams consistent with their gender identity.
On April 6, 2023, the Biden administration proposed new controversial Title IX regulations that expand the meaning of sexual discrimination.[3] Title IX is a federal law that protects students from sex or gender discrimination in federally funded institutions.[4] These Title IX regulations were proposed to ensure Title IX’s protection against sex discrimination is fully implemented.[5] Under the proposed regulations, any school and college that receives federal funding would not be able to ban transgender students from playing on a sports team containing athletes consistent with the gender they identify with, not necessarily their biological gender. The rule would prohibit schools from placing a general ban on a transgender athlete’s ability to participate in school sports. If adopted, this rule would apply to athletes on all levels from elementary school to college.
The text of the proposed regulation states: “If a recipient adopts or applies sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female team consistent with their gender identity, such criteria must, for each sport, level of competition, and grade or education level: (i) be substantially related to the achievement of an important educational objective, and (ii) minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.”[6]
Brown posted an Instagram video explaining why he resigned from his position.[7] In the video Brown stated, “I finally reached a point where I had to resign last night because of boys playing girls tennis.” Brown continued, “We are just not going to support boys playing girls sports. This is wrong on every level. These are not girls, they are boys saying they are girls.”
Brown and his wife are only two people among many displeased with this proposed legislation. Over 132,000 comments were submitted regarding the proposed regulations. These comments came from both sides of the spectrum. LGBTQ+ advocacy groups are arguing for the department to strengthen the rule to better protect transgender, nonbinary, and intersex students.[8] Other critics submitted comments explaining that they are worried the proposed regulations would ruin women’s sports.
Although the proposed regulations were released in April 2023, there have been many delays in finalizing them. This slow process is likely due to the pushback coming from both sides. Time is ticking for the Biden Administration to make its next move regarding this proposed regulations.
[1] Featured Image: https://idahocapitalsun.com/2023/04/28/biden-proposal-on-transgender-student-athletes-met-with-praise-but-also-questions/
[2] https://www.foxnews.com/sports/oregon-high-school-girls-tennis-coach-resigns-cites-title-ixs-transgender-related-policy
[3] https://www.nytimes.com/article/title-ix-transgender-athletes-school-sports.html
[4] https://www.insidehighered.com/news/government/2023/05/15/biden-administration-hears-132000-and-counting-title-ix-rule
[5] https://www.ed.gov/news/press-releases/fact-sheet-us-department-educations-proposed-change-its-title-ix-regulations-students-eligibility-athletic-teams
[6] https://www.ed.gov/news/press-releases/fact-sheet-us-department-educations-proposed-change-its-title-ix-regulations-students-eligibility-athletic-teams
[7] https://www.instagram.com/reel/C2fqm-VPOC4/
[8] https://www.insidehighered.com/news/government/2023/05/15/biden-administration-hears-132000-and-counting-title-ix-rule