South Dakota Governor Kristi Noem issued a warning to President Joe Biden over his administration’s proposed set of Title IX rules to prevent high schools and colleges from banning trans women from playing women’s sports.
Last February, Noem signed a law to ban transgender female athletes from participating in girls’ or women’s school sports. “This bill’s about fairness,” she said at the time. “It’s about allowing biological females to compete fairly on a level playing field that gives them opportunities for success.”
After Biden pulled an end-around, she said: “South Dakota will not allow this to stand. We will lead. We will defend our laws. Only girls will play girls’ sports. President Biden, we’ll see you in Court.”
“The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity,” the Department of Education wrote Thursday.
The Department of Education issued a press release that said:
“Since Title IX was signed into law more than 50 years ago, it has enabled tremendous strides in educational opportunity free from sex discrimination, including in athletics, for millions of students across the country.
“Today, the U.S. Department of Education is releasing a notice of proposed rulemaking (NPRM) on athletic eligibility under Title IX to advance Title IX’s longstanding goal of ensuring equal opportunity in athletics.
“During the two years of outreach to stakeholders to develop this proposed rule, the Department heard repeatedly that many schools, students, parents, and coaches face uncertainty about when and how transgender students can participate in school sports, particularly because some states have chosen to adopt new laws and policies on athletics participation that target transgender students.
“The NPRM, if adopted as a final rule, would provide much needed clarity for students, parents, and coaches.
“Participation in school athletics is an important component of education and provides valuable physical, social, academic, and mental health benefits to students.
“The proposed rule affirms that students benefit from the chance to join a school sports team to learn about teamwork, leadership, and physical fitness.
“The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.
“The proposed rule also recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation.
“The proposed rule would provide schools with a framework for developing eligibility criteria that protects students from being denied equal athletic opportunity, while giving schools the flexibility to develop their own participation policies.
“Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination. Being on a sports team is an important part of the school experience for students of all ages,” said U.S. Secretary of Education Miguel Cardona.
“Beyond all the benefits to physical and mental health, playing on a team teaches students how to work hard, get along with others, believe in themselves, and build healthy habits that last a lifetime.
“Today’s proposed rule is designed to support Title IX’s protection for equal athletics opportunity. We welcome and encourage public comment on the proposed regulation and will continue working to ensure Title IX’s effective protection for all students.”
South Dakota will not allow this to stand. We will lead. We will defend our laws. Only girls will play girls’ sports.
President Biden, we’ll see you in Court. pic.twitter.com/Irv03aMEp9
— Kristi Noem (@KristiNoem) April 6, 2023
