OKLAHOMA CITY (KFOR) – Oklahoma State Superintendent Ryan Walters says he “will sue the federal government” if the Biden administration’s proposal to forbid outright bans on transgender athletes is implemented.

The proposed rule, which still faces a lengthy approval process, establishes that blanket bans, like the ban on trans women in female sports Oklahoma passed last year, would violate Title IX. But schools could still adopt policies that limit transgender students’ participation, particularly in more competitive high school and college sports.

“We do think that the impact of these proposed rules still allows for the discrimination based on gender assigned at birth, and that these proposed rules do not go far enough,” said Cindy Nguyen, Policy Director of ACLU of Oklahoma.

The announcement has sparked outrage from conservative leaders while also angering trans rights activists who note schools could still prevent some athletes from participating on teams that align with their gender identity.

“It still says that school districts can still discriminate against trans students based on gender assigned at birth, that they can still go through physical examinations if they do not meet eligibility criteria,” said Nguyen.

Last year, Governor Kevin Stitt signed SB2, what its authors called the “Save Women’s Sports” bill, into law. It prohibits anyone born biologically male from playing on school athletic teams designated for females, women, or girls.

Under the law, Oklahoma parents of student athletes are now required to sign a Biological Sex Affidavit confirming the child’s biological gender at birth. If they do not sign the form, then the student cannot compete in athletics in the upcoming school year.

A similar bill was proposed this session to bar students born biologically female from athletic teams designated for males, men, or boys. However, it did not make it to the floor.

The proposed Title IX change would make those bans a federal violation.

Now, Superintendent Walters says the State Department of Education will fight the potential change.

“This is an incredibly misguided and stupid escalation by the radical agenda by Biden. The
Biden Administration will stop at nothing to destroy our families and endanger girls in every
school. This insanity stops here,” said Walters.

Walters says he will ask all school districts to submit within 21 days an outline of their existing sports programs at a special board meeting April 12.

“If the Biden administration implements this illegal rule, Superintendent Walters will sue the
federal government,” Walters’ office said.

Nguyen highlights the fact that if the rule does become law, any school in violation could take financial hit.

“If we do see school districts trying to do these type of blanket bans, then they are in clear violation of Title nine and they are at risk of losing federal funds because of that,” said the ACLU policy director.

The public will have 30 days to comment on the proposal after it is published in the Federal Register. After that, the U.S. Department of Education will review the comments and decide whether any changes are needed before issuing a final rule.