The Montana Public Policy Center commented in opposition to Department of Education proposed rule regarding sex-related eligibility criteria for male and female athletic teams.
Every girl in Montana’s schools should have the right to not only have equal opportunities in sports as boys are afforded, but for their participation in competitive sports to be meaningful and protected by Title IX’s statutory right to have sex-separated sports. This proposed rule change will erode Title IX’s five decades of progress for girls and women to have a fair opportunity to participate in competitive sports that were long only afforded to boys and men. Due to average, common physiological differences, biological males have distinct advantages over biological females in physical sports. Thus, allowing biological males to participate in female competitive sports undermines the very purpose of Title IX. In its current form, Title IX provides important statutory protections for girls and women to have equal rights in educational settings, including the right to have sex-separated sports. The Department’s proposed rule conflates gender identity with sex—which are not the same. Without honoring the distinction of males and females in sports, females would quickly be eliminated from participation or competition and denied the right to have a meaningful opportunity to participate in sports.
View the Comment HERE