Executive Order Prohibits Sex-Based Discrimination in Sports

Pictured above: President Biden signing an Executive Order in office. Image courtesy of CNN.

Pictured above: President Biden signing an Executive Order in office. Image courtesy of CNN.

By Gigi Picard ’22

Sports Editor

Jan. 20, 2021, didn’t just welcome new U.S. President Joe Biden, but also a new executive order calling for the end of single-sex sports. Officially titled the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, the new legislation is divided into four sections focused on policies that prohibit sex discrimination when it comes to sports, employment, housing and more. 

The official policy states: “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes. … All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”

This law will protect transgender athletes from discrimination by allowing them to play on teams that correspond with their gender identities. The policy will also prevent any state from attempting to ban transgender athletes from sports in general. 

Biden’s new order cites the Constitution and specifically references Bostock v. Clayton County, a Supreme Court case that was decided on June 15, 2020 and referenced Title IX. 

Gerald Bostock was a gay man who worked as a child welfare services coordinator in Clayton County, Georgia. He had been verbally harassed by his colleagues on the basis of his sexual orientation and was then fired. Bostock filed a lawsuit citing Title VII of the Civil Rights Act of 1964, which prohibits discrimination against sexual orientation. In the end, the Supreme Court ruled in a 6-3 decision that Bostock was wrongfully fired, as Justice Neil Gorsuch revealed in the majority opinion of the court. This case inspired the Biden administration to go further and apply the same ruling to those discriminated against on the basis of their sex or gender identity.

The executive order aligns with Biden’s promises and calls for unity during his administration.