• The Biden administration proposed new regulations that allow schools to bar trans athletes from participating in competitive high school and college sports but bans blanket bans on trans athletes 

• The administration saying it's a compromise 

  • Administration said its proposal was aimed at "minimizing harms" to trans athletes 

  • Schools that want to limit trans athletes participation in sports would have to consider the sport, level of competition, grade or education level involved 

    • Admin said that elementary school sports should generally be allowed but bans could be allowed for older students 

      1. Especially at high school and college levels 

      2. Also noted that some teams require advance skills and some teams anyone can join (intramural or JV, etc) and the rules must "reflect these differences in competition" 

• The new rules will be subject to public comment 

• There are now 20 states that have passed blanket bans on trans athletes 

  • This week legislators in Kansas overrode Dem Gov Laura Kelly's veto 

• There have been multiple court challenges to these laws 

• Today SCOTUS refused to immediately reinstate the law that bars trans athletes from playing on female sports teams from middle school through college in West Virginia 

  • Law has largely been on hold since its passing 

  • SCOTUS provided no justification or reasoning for the action 

    • Justices Alito and Thomas said they would have granted West Virginia's request to allow the law to be implemented  

• The 2021 law was challenged by 12-yr old Becky Pepper-Jackson 

  • She wants to remain on her middle school girls' track team 

  • She has been presenting as a girl since 4th grade, her name has been legally changed, she receives puberty-delaying treatment ( estrogen hormone therapy and has not gone through puberty)  

  • She is the only trans athlete in the state known to be effected  

  • Court filings point out that she is not a top performer  

  • Case is West Virginia v. B.P.J. 

    • Minors are referred to by initials but her and her mom have been outspoken and used her name 

• This was the court's first examination of these type of restrictions  

• Was not a decision on the merits of the case 

PC: AP ( Biden), Getty (Becky)