Outgoing Democratic Rep. Tulsi Gabbard is facing backlash after she joined Republican Rep. Markwayne Mullin to introduce legislation specifying that Title IX protections for female athletes are based on “biological sex.”
The text of the bill introduced Thursday calls for Title IX compliance to be “determined on the basis of biological sex as determined at birth by a physician.” Title IX, which forbids sex-based discrimination in any school receiving federal funds, is best known for ensuring that women’s college sports programs receive equal support – and a federal judge recently applied it to rule a transgender woman could not be kept off a women’s sports team.
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Gabbard, a four-term representative from Hawaii who made a failed bid for president in the crowded Democratic primary this year, said in a statement that Title IX protections “led to a generational shift that impacted countless women, creating life-changing opportunities for girls and women that never existed before.”
But she said the law is being “weakened by some states who are misinterpreting Title IX, creating uncertainty, undue hardship and lost opportunities for female athletes. Our legislation protects Title IX’s original intent which was based on the general biological distinction between men and women athletes based on sex.”
Gabbard argued it “is critical that the legacy of Title IX continues to ensure women and girls in sports have the opportunity to compete and excel on a level playing field.”
