Louisiana Superintendent Opposes New Title IX Trans Athlete Proposal in Letter to LHSAA
BATON ROUGE, La. (KPEL News) - Louisiana's Superintendent of Education, Dr. Cade Brumley, has responded to a proposed Title IX rule regarding trans athletics in a letter he sent to Eddie Bonine, the chair of the Louisiana High School Athletic Association. The letter makes clear his personal objection and professional criticism of the proposed rule change.
In that letter, dated Wednesday, April 12, Brumley points out that the proposed rule, which would "govern a [federal financial assistance] recipient's adoption or application of sex-related criteria that would limit or deny a student's eligibility to participate on a male or female athletic team consistent with their gender identity," violates Louisiana law and, as such, the LHSAA should not feel compelled to follow that rule.
"Make no mistake," he wrote. "This proposed rule provides for sports participation based on gender identity, not biological sex."
"Introducing biological males into girls' sports is the antithesis of 'equal opportunity'," he wrote, "and will have significant impact on fair and equal high school athletic competition. This issue matters to moms and dads, coaches, and, most importantly, the student-athletes."
This issue of trans athletes had been debated in the Louisiana legislature in the last two legislative sessions, with the Fairness in Women's Sports Act in 2022 passing and becoming law in the state, despite Gov. John Bel Edwards' personal objection. As Brumley notes, the Title IX proposed rule "sits in direct opposition to Louisiana law."
Brumley also told the LHSAA in the letter that "In the event this new federal rule ultimately comes to pass, we should collaborate to challenge implementation to truly ensure a fair playing field."
Brumley's Full Letter
Dear Mr. Bonine,
I am writing to raise a critical issue and offer assistance as appropriate. Last week, the U.S. Department of Education (ED) proposed a new regulatory standard *that would govern a [federal financial assistance]' recipient's adoption or application of sex-related criteria that would limit or deny a student's eligibility to participate on a male or female athletic team consistent with their gender identity.*? This proposed standard would allow student-athletes in Louisiana the ability to participate in individual and team sports consistent with their declared gender identity instead of the biological sex denoted on their birth certificate. ED has offered a "framework for developing eligibility criteria,"* allowing for flexibilities with implementation; however, make no mistake - this proposed rule provides for sports participation based on gender identity, not biological sex.According to ED, the proposed rules on athletic eligibility "advance Title IX's longstanding goal of ensuring equal opportunity in athletics." Introducing biological males into girls' sports is the antithesis of "equal opportunity" and will have significant impact on fair and equal high school athletic competition. This issue matters to moms and dads, coaches, and, most importantly, the student-athletes. Realizing this, our state legislature passed the Fairness in Women's Sports Act' in 2022, affirming school-sanctioned athletic participation divided by biological sex unless the configuration is co-ed in nature. Outside of my fundamental disagreement with the proposed rule, it sits in direct opposition to Louisiana law.
While regulation of high school sports is a function of your organization - not my agency - the decisions concerning athletic participation made by the Louisiana High School Athletic Association will have ramifications across the K-12 educational environment to include funding of school meals, services for students with exceptionalities, and supports for economically disadvantaged school communities, For those reasons - and more - I'm extending my support and that of my agency to your organization. Please be advised that we are willing to support your continued implementation of Louisiana's Faimess in Women's Sports Act. In the event this new federal rule ultimately comes to pass, we should collaborate to challenge implementation to truly ensure a fair playing field.
