A day after Kansas enacts transgender athletes ban, new Biden rules could undo the law

A day after Kansas lawmakers enacted a ban on transgender athletes in women's sports, President Joe Biden's administration has said is proposing rules to classify such measures as violating Title IX, the landmark law used to prohibit sex-based discrimination in education settings.

The U.S. Department of Education sent a proposed Title IX rule on the topic to the White House Office of Management and Budget in late March, the first step in the rulemaking process.

Some kind of regulation has long been expected: Education Secretary Miguel Cardona said during a confirmation hearing two years ago that he supported access to athletics for transgender students.

"Every student should be able to have the full experience of attending school in America, including participating in athletics, free from discrimination," Cardona said in a statement Thursday. "Being on a sports team is an important part of the school experience for students of all ages."

Under the rule, states and school districts alike would not be able to issue an all-out ban on transgender athletes and that "differences in grade and education level, level of competition, and sports must be taken into account" when developing policies that could restrict trans athletes.

The Kansas law is expected to be challenged in court when it formally takes effect later this year. The U.S. Supreme Court opted not to halt a similar law in West Virginia while it is under federal court review. Attorney General Kris Kobach said Wednesday he would "vigorously" defend the law against any lawsuits.

More: Kansas becomes latest state with transgender athletes ban, as lawmakers override Gov. Laura Kelly

Lawmakers overrode the veto of Gov. Laura Kelly in a contentious vote Wednesday, with tensions flaring after the vote in the Kansas House between members.

When asked about the Biden administration's rule proposal, Senate President Ty Masterson, R-Andover, said he thinks the idea violates "state's rights" and was merely political.

"I think it absolutely ridiculous the emotion the progressive left is putting into this," Masterson told reporters.

LGBT activists, who have successfully beaten back the Kansas bill previously, called the event a dark day for the transgender community in Kansas.

Supporters of the measure, however, argue it is necessary to guard against transgender athletes being handed an unfair advantage, though there are a slim number of those student-athletes in Kansas.

This article originally appeared on Topeka Capital-Journal: Joe Biden rules could halt Kansas transgender athletes ban after vote