A proposed rule from the Biden administration would prevent schools and colleges from putting a blanket ban on transgender athletes.
Specifically, it updates federal law known as Title IX, which ensures students aren’t discriminated against based on sex.
The proposal gives some wiggle room for exceptions, allowing schools and universities to restrict, in some cases where the participation of a trans student undermines fairness on the field, or could lead to injuries.
“In a sense, I think what the Biden administration is doing is telling states, go back and do something narrower,” said Jessica Levinson, the CBS News legal analyst.
The announcement comes the same day the U.S. supreme court ruled a 12-year-old transgender girl in West Virginia can keep competing in her middle school track and cross country teams, while legal challenges continue in the state.
Earlier in the week, Kansas became the 20th state to ban trans athletes from women’s and girls sports, after lawmakers overturned the Democratic governor’s veto.
Governors in Indiana and Idaho signed laws, restricting gender-affirming care for trans minors.
The federal proposal still has to go through a public comment period before it takes effect.
