An activist friend of mine, referring to a proposed Federal law, posted the following on March 3, 2025:
My political post for the month: some may be aware that this evening the Senate will be voting on the Protection of women in sports act *, which would prevent those with bats & balls, and those who identify with those who don’t have them, from competing against those who were born without them. This is a law that supports women in sports, and clearly those who oppose it really don’t care about women losing athletic opportunities and achieving the success they deserve. How anyone could support a political party that supports this travesty is beyond me! It amazes me that the Republican Senators need just 3 Democratic votes to pass this legislation and that it is uncertain they will get them. It is this sort of outrageous policy stance that is causing Democrats - and will continue to - lose elections. #protection of women in sports act [sic]
I agree with the intent but not the bill. These decisions should be left to the governing bodies of the particular sports organizations, be that be school boards, rule-making bodies of private sports institutions, et al. As a believer in reigning in the size and scope of government, especially the Federal Government, I don’t want to have Congress wading into this issue. As I recall, Trump wants to eliminate the Department of Education and leave education to the states. I agree. As I understand this Act, it applies only to school athletic programs. If Trump means what he says, he will veto this bill if it ever gets to his desk.
My friend responded:
my take is that because of the law Title IX, the regulations propagated by the federal government and the several “dear colleague“ letters that have been issued by the DOE, requiring adherence to DOE policy statements or threatening revocation of funding, this can only be resolved at the federal level. The alternative is that you could have Lea Thomas’s spring up in various states competing against women in other states that prohibit those with bats and balls from competing against those without. It’s handled with federal level legislation. [sic]
My reply:
It’s already been resolved—by the courts, which threw out Biden’s twisted LBGTQ policy in its entirety a week and a half before Trump took office. “The alternative” is exactly the point—it’s rightfully and properly an issue for the states and their courts. Title IX is a bad law. It invites twisted interpretations. Congress should focus its energies on repealing, or at least amending, Title IX. H.R.28 is an unnecessary and dangerous escalation in Federal power over education.
For the record, I support the complete separation of education and state—and a Constitutional Amendment to lock in that principle—in the same way and for the same reasons as the separation of church and state, and I will support any legislation that advances educational freedom toward that ultimate goal.
* [Note: The bill failed to get the votes in the Senate.]
Related Reading:
Beware of Federal Education Policies—Even If You Like Them by Kerry McDonald for FEE
Transgender vs. Transgender Impersonator [aka gender identity]
Crossing, a Transgender Memoir by Dierdre McCloskey
On the ‘Transgender’ Phenomenon
Why elite women’s sports need to be based on sex, not gender Doriane Lambelet Coleman
Beneath the Title IX Controversy
Toward a Free Market in Education: School Vouchers or Tax Credits? by me for TOS
Education in a Free Society—C. Bradley Thompson for The Objective Standard
The Educational Bonanza in Privatizing Government Schools—Andrew Bernstein for The Objective Standard