Title IX Athletics: 2023 Proposed Changes & Commenting Period

Katherine Acosta, sociologist and feminist writer, and Max Dashu, lesbian feminist historian,  join Bess to discuss the Department of Education's (DOE) proposed changes to the Title IX regulation allowing sex-segregated sports teams.

You may submit a public comment on the proposed changes until May 15, 2023.

• The Department recognizes that prevention of sports-related injury is an important educational objective in recipients' athletic programs and that—as courts have long recognized in cases involving  sex-separate athletic teams—fairness in competition may be particularly important for recipients in some sports, grade and education levels, and levels of competition. citation
• DOE's directed questions
• The DOE also asks if the proposed regulation is clear enough?

An example of feminist arguments for comment is published here on Katherine's blog:

1. Female athletes may be harmed when gender identity is the overriding criteria and recipients must minimize harm to female athletes.
2. To minimize the foreseeable harms of inevitable litigation, the Department should specify which forms of proof or evidence recipients may require. 
3. Finally, the Department should recommend that recipients may [designate] one category as “open” with no sex-related proof of eligibility requirements and also maintain[] a second “female” category with sex-related female proof of eligibility other than gender identity.

Reference links and estimated time stamps

~10:35 Males have larger hearts than females; males have 10-12% greater lung capacity

~14:20 Sports participants achieve leadership roles

~14:50 Hannah Arensman retires after losing to two male racers

~17:05 Comparing male versus female athletic results

~25:50 Iszac Henig, female swimmer on male team

~26:40 Biden's Executive Order 13988

~34:40 Republicans are ready for litigation!

~40:10 Pre-pubertal children may also experience sex differences in physical capacity