https://www.vox.com/policy/385549/trans-sports-transgender-biden-harris-democrats-titleix

What the Biden administration proposed on transgender athletes

In 2023, over strong objections of activists on the right and left, the Biden administration announced a proposed change to Title IX, the law that prohibits discrimination based on sex in any federally funded educational program. Their suggested change would prohibit outright bans on transgender athletes, but would permit schools to restrict transgender students from participating if they could demonstrate that inclusion would harm “educational objectives” like fair competition and the prevention of injury.

This more nuanced stance marked the first time the Biden administration took the position that sex differences can matter in school sports, something hotly disputed by leading LGBTQ rights organizations. The proposed rule also reflected research that suggests sex differences emerge over time, so the standard for inclusion in high school should not necessarily be the same as that in younger grades.

Contrary to the post-election grumblings from Biden allies in the Atlantic, the president has been virtually silent on his own administration’s proposal for the last 18 months. He’s never spoken about it, and it was never mentioned by any other Biden official, including in any White House briefing on transgender issues.

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But there is some evidence that Republicans’ years of attacks have taken their toll on public opinion. Gallup found in 2023 that 69 percent of Americans believe transgender athletes should only be allowed to compete on sports teams that match their sex assigned at birth, an increase from the 62 percent who said the same in 2021.

Tellingly, Biden’s proposed policy on transgender athletes — allowing targeted restrictions for fairness and safety while rejecting blanket bans — would likely resonate more with average Americans than the hardline stances typically associated with Republicans, who leaned on transgender fearmongering in the midterms only to see their candidates flop, or Democrats, who many voters perceive as having no nuance on the topic at all. Yet the Biden administration’s reluctance to clearly communicate their middle-ground position left a vacuum that Republicans were happy to fill. It’s a dynamic that political observers say has become increasingly common: Democratic leaders stake out a position but, wary of internal rifts, default to strategic ambiguity even on issues where their stances might resonate with voters.

Interesting: nuance (do not restrict unless it would harm) was possible to beat Republicans on this policy. Internal rifts led them to stay silent on a stance (already being realized) that would resonate.