
The legislation, which required 60 votes to advance, failed in a 51-45 party-line vote.
The bill aimed to define Title IX protections based on “reproductive biology and genetics at birth,” which it had been until changes made under the Biden administration. Republicans say the issue as a matter of fairness in women’s athletics, with President Donald Trump signing an executive order last month directing federal agencies to enforce Title IX as it was originally intended when it was added as an amendment to the Civil Rights Act in 1972.
Republicans in Congress have pushed to prevent males from using Title IX protections to ensure that they are able to compete in womens sports. The notion, per the Biden administration based on a Supreme Court ruling called Bostock, is that to prevent boys from competing in women's sports is to discriminate on the basis of sex, arguing that the only reason boys can't play those sports is because they are boys.
“Around the country we have seen men — biological men who identify as women — take up spaces and medals in athletics meant for actual women,” said Senate Majority Leader John Thune, R-S.D. “This is a matter of fairness and equality.”
Democrats argued the measure was unnecessary and an overreach into decisions that should be handled by sports organizations. Since Trump signed the EO, the NCAA has rolled back their requirements that men be allowed to play in women's college athletics and Secretary of State Marco Rubio instructed his agency not to issue visas to males who wish to compete as women in American athletics.
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