Biden trans athlete proposal sparks outrage among LGBTQ+ advocates and leaders

WISCONSIN (CBS 58) --The Biden administration recently proposed a new federal rule change that would forbid outright bans on transgender athletes, sparking outrage from LGBTQ+ advocates and leaders alike, given the loopholes that allow teams to create some limits in certain cases.

Under the Department of Education's possible new rule, no school or college that receives federal funding would be allowed to categorically ban trans students from playing on sports teams consistent with their gender identity. Otherwise, it would violate the federal law known as 'Title IX.'

It does, however, still allow schools to decide their own eligibility rules, which could restrict trans athletes from playing on more competitive teams on the basis of fairness or in the event that it leads to injuries.

"It's not a very valid argument," explained Bex Streit, the transgender and non-gender conforming program coordinator at the Milwaukee LGBT Community Center. "Athletes, throughout time, have had fluctuations...natural fluctuations in their hormone levels or certain things like massive feet on swimmers, right? Or different other things that give them biological advantages in that sport, and yet they are not seen as being less fair when they compete."

Streit said he was involved in track and cross country in high school and in college was a part of the running club.

"I'm a trans man, so growing up in high school and even college, I wasn't out with that identity, so I participated on the women's sports teams in both of those times," he added.

When it comes to gender identity, Streit said the state of Wisconsin still has a long way to go as it currently does not have any legal protections in place.

"It's usually things like you can't discriminate based on religion, you can't discriminate based on race...there's not really anything for you to point to, to say, 'this is why I'm being harmed' and have like, actual consequences," Streit said.

CBS 58 asked what his experience would've been like in high school or college had he been barred or restricted from playing on a team of his choice.

"I think it would've been really detrimental to my development, personally, I mean we talk a lot about how sports are, particularly team sports are a way in which we can learn social skills, learn how to work on a team, learn leadership skills and I think all of those things are true," he said.

Members of President Biden's own party are also calling out the administration.

U.S. Representative Alexandria Ocasio-Cortez tweeted, saying, "Absolutely no reason for the Biden admin to do this. It is indefensible and embarrassing. The admin can still walk this back, and they should. It’s a disgrace."

Absolutely no reason for the Biden admin to do this. It is indefensible and embarrassing.

The admin can still walk this back, and they should. It’s a disgrace https://t.co/3aUR0dnS5Q

— Alexandria Ocasio-Cortez (@AOC) April 6, 2023

CBS News reports that the ACLU is tracking more than 450 anti-LGBTQ bills across the U.S. The organization issued a statement to CBS 58 saying:

"This proposal is a clear rejection of the open and baseless efforts to categorically ban all transgender youth from playing alongside their peers," said Joshua Block, ACLU Senior Staff Attorney. "Such laws are rooted in little more than discrimination and ignorance, and this proposal from the Biden administration makes that clear. We welcome the opportunity to build upon this starting point to ensure all transgender youth can play free of needless barriers or intrusions on their privacy.”

Streit however, said the issue goes beyond inclusivity in sports.

"If they don't even recognize that you exist, how are you going to, how are you going to fight for your place, your rightful place and your basic rights and freedoms that we all deserve?"

Experts said it will likely be months, if not years, until these changes go into effect. There is a chance it could end up in the Supreme Court.