States are opposing Biden's ruling on transgender's athletes

 Washington Examiner:

Lawmakers in over a dozen states are poised to trigger a legal battle with the Biden administration over whether biological male athletes can compete on female high school and college sports teams.

Over a matter of months, 13 state legislatures began deliberating various laws that would dramatically limit the availability of athletic opportunities for biological men who identify as women.

STATES PLANNING ANTI-TRANSGENDER PUSH

The North Dakota House of Representatives earlier this month passed a bill barring high school athletes from participating in sports against those who aren't a member of their biological sex.

A similar piece of legislation entitled the " Mississippi Fairness Act" was passed by the Mississippi state Senate the same week. Under that law, all state primary schools and universities would be ordered "to designate its athletic teams or sports according to biological sex."

In Utah, a House committee approved language in a bill that would force all schools in the state, public and private, to segregate all athletics by biological sex. Any schools found in noncompliance of the law would be subject to legal action or a loss in funding.

But as many state Republicans prepare their own offensive in one of the nation's most divisive culture war battles, they face a new foe: President Biden.

On Day One of his presidency, Biden signed an executive order mandating any school that accepts federal funds allow transgender men to play on women's sports teams in an effort aimed at "preventing and combating discrimination on the basis of gender identity or sexual orientation."

"Because the Biden order goes into effect 100 days after it’s signed, these state legislators are working overtime because until the federal agencies that directly implicate local citizens like student-athletes start moving, until it trickles down, they have a very short window to pass their own legislation," said Sarah Perry, a former attorney for the Department of Education and legal fellow at the conservative Heritage Foundation. "So then, you get into a conflict analysis between the power of the executive branch and the state legislator, particularly on issues concerned with education."

The legal rationale for Biden's executive order lies in the Supreme Court's Bostock v. Clayton County ruling, which stated the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or if they are transgender. The Biden administration interpreted the Supreme Court's findings to extend to Title IX, a provision in a 1972 federal law that, in part, compels schools to provide equal access to sports for both genders.

...

The court ruling never made much sense and the current controversy is another demonstration of that.  The competition of girls with transgender athletes is seen as unfair. 

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