SCOTUS does not reinstate W. Virginia trans sports ban
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ASPartOfMe
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Age: 66
Gender: Male
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Location: Long Island, New York
Supreme Court refuses to reinstate West Virginia ban on transgender student sports participation
Quote:
The U.S. Supreme Court has denied West Virginia's request to immediately reinstate a law that would ban transgender student-athletes from participating in sports teams consistent with their gender identity.
The decision is a win for a 12-year-old transgender girl and her parents who are challenging the law in a bid to allow her to continue running on her middle school cross-country and track teams.
It is also a victory for transgender rights advocates at a time when many states nationwide are enacting similar sports bans, even if the continued injunction is only temporary as legal challenges play out.
The court did not explain its decision, though two justices -- Samuel Alito and Clarence Thomas -- issued a dissent.
"Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation," Alito writes.
The court did not explain its decision, though two justices -- Samuel Alito and Clarence Thomas -- issued a dissent.
"Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation," Alito writes.
The decision is a win for a 12-year-old transgender girl and her parents who are challenging the law in a bid to allow her to continue running on her middle school cross-country and track teams.
It is also a victory for transgender rights advocates at a time when many states nationwide are enacting similar sports bans, even if the continued injunction is only temporary as legal challenges play out.
The court did not explain its decision, though two justices -- Samuel Alito and Clarence Thomas -- issued a dissent.
"Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation," Alito writes.
The court did not explain its decision, though two justices -- Samuel Alito and Clarence Thomas -- issued a dissent.
"Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation," Alito writes.
Outright bans on trans student athletes would be barred under proposed Title IX changes
Quote:
The Department of Education on Thursday announced a proposed change to Title IX to prohibit categorical bans on transgender student athletes -- while still allowing schools the "flexibility" to pursue such restrictions in more limited cases.
If adopted as a rule, the change would make it illegal for schools or universities to bar transgender student athletes from participating on sports teams consistent with their gender identities "just because of who they are," the department wrote.
Though the change would make "one-size-fits-all" prohibitions a violation of Title IX, it would still give schools discretion to develop eligibility rules for sports teams that could ultimately restrict a transgender athlete's ability to participate.
When asked Thursday how the administration will implement the rule in states that have already passed bans on transgender girls, the official said the government will be "eager" to enforce it throughout the country without providing details.
Secretary of Education Miguel Cardona applauded the proposal as a move that will benefit students' health.
The American Federation of Teachers also celebrated the announcement, saying the change would protect transgender students from politically motivated blanket bans.
But the proposal was met with criticism from Republicans on Capitol Hill. Speaker Kevin McCarthy said that the suggested change is "anti-women," adding, "Protecting women's sports is essential."
If adopted as a rule, the change would make it illegal for schools or universities to bar transgender student athletes from participating on sports teams consistent with their gender identities "just because of who they are," the department wrote.
Though the change would make "one-size-fits-all" prohibitions a violation of Title IX, it would still give schools discretion to develop eligibility rules for sports teams that could ultimately restrict a transgender athlete's ability to participate.
When asked Thursday how the administration will implement the rule in states that have already passed bans on transgender girls, the official said the government will be "eager" to enforce it throughout the country without providing details.
Secretary of Education Miguel Cardona applauded the proposal as a move that will benefit students' health.
The American Federation of Teachers also celebrated the announcement, saying the change would protect transgender students from politically motivated blanket bans.
But the proposal was met with criticism from Republicans on Capitol Hill. Speaker Kevin McCarthy said that the suggested change is "anti-women," adding, "Protecting women's sports is essential."
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