Biologically born boys, men may now compete in girls, women’s sports says Biden Executive Order

WASHINGTON, DC – Biologically born boys and men must now be allowed to compete in youth, high school, college and other sports in America thanks to a new executive order signed by President Joe Biden on his first day in office.

The “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” declares and mandates that every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.

“Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports,” Biden said. “Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.  People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination.  All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”

Everyone can agree that discrimination based on gender or discrimination is wrong, but not everyone agrees that their daughter should be subjected to a person who is by all means, biologically and physically a male in the sports area.  Regardless of gender identity, human beings born men are born with inherent physical advantages, including strength and size.  On average, biological makes are 7% taller than women.  Coed sports are a reality in America.  Women compete against men and yes, often outperform men, but by bringing men into a womens or young girls’ sport, it puts the women at a disadvantage.   Title IX was drafted to give women and girls a ‘league of their own’ and as reported in the New York Post, was never intended to let biological males re-enter that arena.

Many feel that Biden’s executive order while necessary went just a few steps too far when it crossed into putting biological women at a competitive disadvantage.  Perhaps the solution is as simple as boys, girls and co-ed athletics in high school and college, but the plan wasn’t well thought out.

These principles are reflected in the Constitution, which promises equal protection of the laws.  These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.).  In Bostock v. Clayton County, 590 U.S. ___ (2020), the Supreme Court held that Title VII’s prohibition on discrimination “because of . . . sex” covers discrimination on the basis of gender identity and sexual orientation.  Under Bostock‘s reasoning, laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.

Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals, and it often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability.  For example, transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.

It is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.  It is also the policy of my Administration to address overlapping forms of discrimination.

Sec. 2.  Enforcing Prohibitions on Sex Discrimination on the Basis of Gender Identity or Sexual Orientation.  (a)  The head of each agency shall, as soon as practicable and in consultation with the Attorney General, as appropriate, review all existing orders, regulations, guidance documents, policies, programs, or other agency actions (“agency actions”) that:

(i)   were promulgated or are administered by the agency under Title VII or any other statute or regulation that prohibits sex discrimination, including any that relate to the agency’s own compliance with such statutes or regulations; and

(ii)  are or may be inconsistent with the policy set forth in section 1 of this order.

(b)  The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.), consider whether to revise, suspend, or rescind such agency actions, or promulgate new agency actions, as necessary to fully implement statutes that prohibit sex discrimination and the policy set forth in section 1 of this order.

(c)  The head of each agency shall, as soon as practicable, also consider whether there are additional actions that the agency should take to ensure that it is fully implementing the policy set forth in section 1 of this order.  If an agency takes an action described in this subsection or subsection (b) of this section, it shall seek to ensure that it is accounting for, and taking appropriate steps to combat, overlapping forms of discrimination, such as discrimination on the basis of race or disability.

(d)  Within 100 days of the date of this order, the head of each agency shall develop, in consultation with the Attorney General, as appropriate, a plan to carry out actions that the agency has identified pursuant to subsections (b) and (c) of this section, as appropriate and consistent with applicable law.

Sec. 3.  Definition.  “Agency” means any authority of the United States that is an “agency” under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).

Sec. 4.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)  the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.