Is it true that Biden allowed men who made a transgender transition to participate in women's sports competitions?

In April 2024, Telegram channels reported that due to the amendments to the US legislation, the rights of men who made a transgender transition will be expanded, and discrimination of these people will become a criminal offense. We checked the reliability of these statements.

On April 20, the news began to spread in Telegram channels that US President Joe Biden supposedly “abolished the section IX of the US Code on gender self-determination”. The authors of the posts explained that thanks to this, men who made a transgender transition will allegedly be able to participate in women's sports competitions, use women's toilets and locker rooms and live in women's dormitories. In addition, American students and teachers in communicating with transperses will be required to use the pronouns preferred by them, and violation of the above norms will be regarded as “Harassment, which will be punished in America.” Telegram channels told about these innovations "Uncle Glory"(193,000 views at the time of writing this analysis), Voblya (149,000), "Talking of townsfolk in the kitchen"(144 000),"Sheikh Tamir"(134,000) and others. Messages about American reform were also distributed by some Media, users Facebook, Livejournal And "VKontakte".

The authors of the posts of cancellation of section IX often attach a screenshot tweet Former American swimmer Ryili Gayins, who has been several years old criticizes The participation of Transzhenchin (who at birth was a male gender) in student sports competitions along with biological women. In his tweet, Gaines is outraged by the “cancellation of section IX in the form in which we knew it” and the fact that the violation of new rules can be regarded as a harassment.

However, the speech about the abolition of section IX does not go on the tweet of the Gaines on which Telegram channels are based on the notes of the American media on this subject. For example, a newspaper The New York Times writes that the Biden administration revised him, and the television channel CNN He called this an expansion of the law. Moreover, a document called “US Code on Gender Self -Definition” simply does not exist. The mentioned section IX is an article from amendments 1972 to the act of higher education adopted by US President Richard Nixon, that is, these norms apply exclusively to educational institutions. Section IX, in particular, regulates student sports, protects the rights of students in case of pregnancy and prescribes educational institutions on how to act in identifying cases of sexual harassment with the participation of students, teachers or employees. The same part of the document contained a ban on discrimination on the sexual basis in American educational institutions receiving federal financing, but specifically this section did not concern other characteristics of a person: sexual orientation, gender identity, race, age, etc.

In April 2024, the Biden administration I presented it Own amendments to section IX, which now mentions a ban on discrimination not only on a sexual basis, but also on the basis of sexual orientation and gender identity of students. But still, to a greater extent, the corrections concerned how educational institutions should investigate complaints about sexual harassment on their territory. Prior to this, the editorial office adopted by the administration of Donald Trump in 2020 and Coming The amendments of the Barack Obama administration are replaced. The text of section IX, updated by Trump, Criticized For restricting the rights of the alleged victims of violence (mainly women) and the expansion of guarantees of the protection of accused (mainly men) in the investigation of incidents. When Biden ran for the presidential post in 2020, he He promised “Immediately” cancel the changes made by the predecessor in section IX. Finally, in 2023, the White House proposed a new interpretation of the law, which canceled most of Trump's amendments and established a balance between the protection of the rights of the accused and victims of violence.

As for transgender people, the new law is really Strengthened Protection of the rights of LGBT Person, students in educational institutions with state financing. Now the definition of harassment Includes Discrimination on the basis of gender, sexual orientation and gender identity. Students from LGBT+, faced with discrimination, can now demand from the administration of the educational institution to take measures, and in case of its inability to resolve the issue - to seek help from the federal government.

Nevertheless, even according to the new rules of section IX, discrimination on the gender basis cannot lead to criminal liability. The law imposes primarily obligations To educational institutions that should consider complaints about the harassment and choose penal measures - from an oral reprimand to an exception from a school or university. If the institution refuses to follow section IX, it can be deprived of state financing.

Many Expectedthat the Biden administration will prohibit schools and universities with limiting the participation of transgender athletes in competitions, making appropriate changes to section IX. But the amendments published by the White House bypassed this issue, although the Ministry of Education since April 2023 develops The bill is on this subject. That is, the rules that now regulate the participation of trans-sportsmen in competitions, existed both under Trump and Obama. Back in 2011, the US National Student Sports Association (NCAA) Issued Recommendations on the admission of trans-sportsmen similar to the rules of the International Olympic Committee: Transmuke (who had a female gender at birth) has the right to participate in competitions in the male category without restrictions, but transgresses can participate in female competitions only after the completion of hormonal therapy. Since 2021 NCAA Allows Each educational institution is guided by the policy of the national or international federation of a particular sport.

The indignant tweet of the ex-plate of Riley Gayins on the amendments to section IX is not surprising. In March 2024, she Submitted The court on NCAA, due to the fact that two years earlier, the policy of this organization allowed the trans-sportswoman Lie Thomas to participate in the US student championship in swimming and sharing the fifth place with Gaines. Thomas was admitted to competitions because since 2019 Passed Hormonal therapy. According to the rules of NCAA, this was enough to participate in a trans-sportswoman in a female swim, although Critics They do not consider such rivalry fair. Until the gender transition, William Thomas (the name of Leah Thomas at birth) 65th place In the men's rating at a distance of 500 yards, free -style, and after the transition to the women's team, Lia rose to first place.

Thus, contrary to the statement of the swing of Riley Gaynes (and Russian Telegram channels), Biden’s amendments did not change the principles of the inclusion of transzhen region in women's sports teams or their use of team women's locker rooms. This issue is still regulated by the Rules of the US National Student Association, which delegates the decision of the universities and sports federations. The new law really provided LGBT students with additional protection against discrimination, but in the case of a harassment, the punishment will issue an educational institution in which the incident occurred, and there is no criminal liability for such violations.

Photo on the cover: Wikimedia Commons

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