Does Biden’s Executive Order Erase Women?

On his first day in office, President Biden signed 17 executive orders, reversing several of the previous president’s actions. Among these was the “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”[1] On his first day in office, #BidenErasedWomen was trending on Twitter.

The order emphasizes protection for transgender individuals in federally funded programs. Many people supported the order and considered it necessary in forwarding trans rights. However, the order also faced a lot of opposition, and many were under the impression that this “allowed biological males to compete in women’s sports.” The line triggered this concern, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports,” in the executive order. Although not explicitly stated, the line is assumed to refer to denying trans people access to the gendered spaces that align with their gender identity. Politicians and activists, such as Abigail Shrier, author of ‘IRREVERSIBLE DAMAGE: The Transgender Craze Seducing Our Daughters’, spoke in front of the senate. [2] She claimed that the order “placed a new glass ceiling over girls” by allowing biological males to compete against women based on their own personal identity. She also referenced the dangers of integrating female-identifying biological males into female prisons. Although transgender athletes do not pose the same threats as convicted felons, her message resonated with many people who found the order unfair to women’s safety.

While concern about women’s rights and biological advantage is valid, the executive order only opposed discrimination against individuals based on gender identity or sexual orientation in spaces like school or athletics. The order does not give biological males the right to participate in school or professional sports based on personal orientation. “The executive order is a high-level policy statement and does not, in and of itself, immediately change any practices for public school districts.”[3]

The NCAA has already established rules and guidelines addressing transgender athletes, and the order has impacted none. Eligibility to participate in gendered teams is determined by hormone levels. For example, the 2018 NCAA Policy on Transgender Student-Athlete Participation[1] requires trans female athletes to finish one year of testosterone suppression hormones to compete on the team. “Medical research indicates that after taking e year of testosterone suppression transgender women’s T levels are within the typical range of testosterone levels for [biological] women.” Sharon McGowan, chief strategy officer of Lambda Legal, said trans-women's participation in women's sports should not be viewed as a danger.[4] The executive order does not propose changes to these policies; it mandates that federal agencies review programs and policies to ensure they do not discriminate.

Some believe compromise is needed, like Eric Vilain, a human genetics professor at UCLA, who states, “There is 10 to 12% difference between the male and female athletic performance. We need to categorize with criteria that are relevant to performance. It is a very difficult situation with no easy solution.”[5] Joanna Harper, a competitive runner and medical physicist agrees, suggesting that a trans woman’s height may be an advantage in basketball, but not gymnastics.[6]

A 9th grader, who would like to remain anonymous, states his initial impression of the order: “Biden made it legal for people who are transgender to play on whatever team they want.” After hearing about the specifics of the order, he responds with his opinions: “I definitely think it would be unfair for trans women to compete against girls in girls’ sports. Girls could miss out [on] scholarship opportunities just because we don’t want to offend trans women. Maybe if we can scientifically prove there’s a way to eliminate the advantage, there can be other options.”

When asked what they knew about “#Biden Erased Women,” Simran Patel (7) had a similar response: “I’m pretty sure Biden allowed trans people to participate in their-own-gender sport, and people thought it was unfair.” Simran is an athlete on the JV girls rowing team and thinks that trans athletes should be allowed to compete on their preferred team, personally having no problem if there was a trans female introduced to their team. They say, “There are definitely disadvantages and advantages, and I feel like those specific concerns should be addressed when it comes to professional sports and scholarships. There’s a big stigma around trans people, and the guidelines should be less strict for junior and recreational sports. You really never know [who will be accepting], and that sucks.” Simran also thinks more co-ed competitive teams could benefit non-binary athletes, like themself, especially swim sports.

1. Executive order on preventing and combating discrimination on the basis of gender identity or sexual orientation. (2021, January 21). Retrieved March 25, 2021, from https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/
2. JUST in: ABIGAIL Shrier, author of book on gender dysphoria, slams Equality Act. (2021, March 17). Retrieved March 25, 2021, from https://www.youtube.com/watch?v=fquL1y0QAM4
3. Monique Curet, P. (2021, February 05). Fact-check: Did biden allow ‘males to compete in Girls’ sports’? Retrieved March 25, 2021, from https://amp.statesman.com/amp/4404020001
4. 2018 NCAA Inclusion Form. (2018). Retrieved from https://www.ncaa.org/sites/default/files/2018INC_Supporting_Transgender_And_Gender_Expansive_Student_Athletes_20180418.pdf?mod=article_inline
5. Reuters. (2021, February 03). Martina Navratilova seeks provision to Joe biden’s executive order for Transgender participation in sports. Retrieved March 25, 2021, from https://www.espn.com/tennis/story/_/id/30827339/martina-navratilova-seeks-provision-joe-biden-executive-order-transgender-participation-sports
6. Tim Layden (August 11, 2016). “Caster Semenya controversy 2016 Rio Olympics”. Sports Illustrated. Retrieved August 25, 2016
7. Matilda Edwards (July 28, 2016). “Testing, hormones, hatred: What it’s like to compete as a transgender athlete – Hack – triple j”. Abc.net. Retrieved Agugust 25, 2016.
8. Cretaz, B. (n.d.). Attacks on transgender athletes are threatening women’s sports. Retrieved March 25, 2021, from https://www.glamour.com/story/attacks-on-transgender-athletes-are-threatening-womens-sports
9. Giella, L. (2021, January 22). Fact check: Does biden’s executive order Allow transgender athletes to compete with gender of their choosing? Retrieved March 25, 2021, from https://www.newsweek.com/fact-check-does-bidens-executive-order-allow-transgender-athletes-compete-gender-their-1563790?amp=1
10. Hayton, D. (n.d.). Biden’s trans rights agenda is bad news for women and GIRLS: The Spectator. Retrieved March 25, 2021, from https://www.spectator.co.uk/article/biden-s-trans-rights-agenda-is-bad-news-for-women
11. Valenti, J. (2021, January 23). No, President Biden is Not ‘ERASING WOMEN’. Retrieved March 25, 2021, from https://gen.medium.com/no-president-biden-is-not-erasing-women-b9d32ca1d164
12. National Law Review. (n.d.). The national Law review of legal, business LAW, Financial, Immigration, healthcare and ip News. Retrieved March 25, 2021, from https://www.natlawreview.com/