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Trans Athletes Face Potential Discrimination under Proposed Education Department Rule

The Education Department last week put forward a rule in response to the growing number of states that forbid transgender student-athletes from playing on teams that correspond to their gender identities.

The Department of Education's proposed rule would amend Title IX of the Education Amendments of 1972, which forbids sex-based discrimination in federally funded educational programs, in part by outlawing the blanket exclusion of transgender women and girls from female sports teams, which has been made legal in 20 states. The measure would, however, permit some restrictions in certain sports at more elite levels of competition, such as in high school or college.