State Superintendent of Public Instruction Tom Horne has formally submitted a public comment to the U.S. Department of Education regarding a proposed rule change to Title IX, the federal law that prohibits sex-based discrimination in schools. The deadline to submit comments is May 15, 2023.
The proposed change would prevent schools that get federal funding from keeping transgender students from competing on sports teams not of their biological sex.
Under the Education Department’s proposed rule, no school or college that receives federal funding would be allowed to impose a “one-size-fits-all” policy that categorically bans trans students from playing on sports teams consistent with their gender identity. Such policies would be considered a violation of Title IX.
The Heritage Foundation argues that the “proposed rule tips the scales in favor of male athletes who identify as women–not in favor of the girls and women for whom Title IX was enacted. The reality is schools will be forced to allow boys and men to compete with women and girls in fear of violating Title IX, and at the risk of losing their funding from the Department of Education.”
Heritage Action’s 2021 polling found two-thirds of American voters across the country think boys and men who say they identify as transgender should not be allowed to compete in girls’ and women’s athletics.
Horne’s submitted comment:
“The proposed rule submitted by the U.S. Department of Education would decimate girls’ sports in public schools and is contrary to the original intent of Title IX to provide a level playing field for women and girls to participate in team sports. Leaving the decision to schools will result in those with ideological school boards permitting stronger boys to compete against girls.
The rule is also in conflict with Arizona law. Arizona Revised Statutes 15-120.02 prohibits biological males from participating in girls’ sports.
This is not an LGBT issue. When I was in the Arizona legislature, I voted for every bill to extend civil rights to LGBT people. But permitting biological boys to compete in girls’ sports is extremely unfair, and in some cases, devastating to girl competitors.
There are numerous news articles about girls who worked hard to excel in their sports, and then were devastated when they could not excel because they had to compete against biological boys, who have the advantage of male muscle mass and bone structure. If there were a sport for which male physical qualities were not an advantage, there would be no reason to divide boys from girls’ sports and they could have a mixed gender team.
Where mixed teams are not appropriate because boys have an advantage, boys’ teams need to be for biological males, and girls’ teams for biological females.
The whole reason we divide boys’ from girls’ sports is because of the male advantage in muscle mass and bone structure. Making girls compete against that is a major injustice.”
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