Sen. Graham: Biden Doesn’t Have the Power to Force Public Schools to Let Transgenders Use Girls’ Locker Rooms

By Lucy Collins | December 1, 2020 | 2:12pm EST
Sen. Lindsey Graham (R-S.C.)   (Getty images)
Sen. Lindsey Graham (R-S.C.) (Getty images)

(CNS News) -- When asked about Joe Biden’s intent to order public schools to allow transgender students to use the bathrooms, locker rooms, and sports teams of their choice, Sen. Lindsey Graham (R-S.C.) said that he does not think Biden “has the power” to force such a unilateral change and that he would “like to hear from the schools.” 

Graham also said he did not know if it was a good idea or not to allow transgender “women” (biological males) to play on real women’s sports teams and use their locker rooms.

At the U.S. Capitol on Tuesday, CNS News asked Senator Graham, “Joe Biden said that on his first day of office he will mandate through Title 9 that all sports teams, locker rooms should be open to transgender students according to their gender identity. Do you think he has the power to unilaterally do this at all federally funded schools and do you agree with this?”

“No, I don’t think he has the power,” Graham said, “and I don’t know if that's a good idea or not, I’d like to hear from the schools.”

On the Biden-Harris Campaign website, a listed priority is “Guaranteeing transgender students have access to facilities based on their gender identity.”

(Biden-Harris campaign website)
(Biden-Harris campaign website)

“On his first day in office, Biden will reinstate the Obama-Biden guidance revoked by the Trump-Pence Administration, which will restore transgender students’ access to sports, bathrooms, and locker rooms in accordance with their gender identity,” the Biden LGBTQ+ policy reads.

The Obama-era policy was issued to schools in 2016, mandating, “As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations. The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.”

“Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity,” the letter explaining the Obama policy continues.

Transgender "female" cyclist. (Getty Images)
Transgender "female" cyclist. (Getty Images)

This policy would allow biological males who identify as females to be granted access to female locker rooms, bathrooms and sports teams without undergoing confirmation surgery or using hormone replacements.

The International Olympic Committee and World Athletics both require transgender female athletes to demonstrate sustained lower levels of testosterone before they are allowed to compete in female sports.

Genetically, transgender “women” are still men. A biological female has two X chromosomes (XX) and a biological male has an X and Y chromosome (XY).  

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