Former Vice President Joe Biden says he will take executive action to force schools to make bathrooms, sports, and locker rooms available to students regardless of their biological sex.
During a press conference on Friday, House Speaker Nancy Pelosi (D-CA) made clear that she is fully on board with the idea.
“Joe Biden said that on his first day in office, he will use Title IX to give transgender students access to sports, bathrooms, and locker rooms in accordance with their gender identity in all federally-funded schools. Does he have the power to unilaterally do this and do you agree with this?” the veteran San Francisco Democrat was asked by a reporter, according to Breitbart.
“Yes, and I think he does,” Pelosi replied.
Reinstating old rules
On November 11, the Associated Press reported that Biden planned to “[r]einstate Obama administration guidance directing public schools to allow transgender students to access bathrooms, locker rooms and sports teams in accordance with their gender identity,” something that had been revoked under President Donald Trump.
The issue of transgender students competing in sports programs is highly controversial, and is the subject of a lawsuit filed in Connecticut earlier this year.
In that case, female members of a high school track team argued that being formed to compete against biologically-male transgender athletes was inherently unfair.
“Gender identity is not the point of this case,” National Review quoted attorney Roger Brooks as saying. Brooks is with the Alliance Defending Freedom and is representing the plaintiffs.
“The point of this case is physiology of bodies driven by chromosomes and the documented athletic advantage that comes from a male body, male hormones, and male puberty in particular.”
Judge prohibits attorney from describing trans athletes as being biologically male
However, the magazine also reported that District Judge Robert Chatigny warned Brooks during an April conference call not to describe to the transgender athletes as male.
“This isn’t a case involving males who have decided that they want to run in the girls’ events,” the judge insisted. “This is a case about girls who say that transgender girls should not be allowed to run in the girls’ events. So going forward, we will not refer to the proposed intervenors as ‘males’; understood?”
Attorney General Bill Barr issued a statement regarding the case in March, saying, “Allowing biological males to compete in all-female sports deprives women of the opportunity to participate fully and fairly in sports and is fundamentally unfair to female athletes.”