BERWICK, COLUMBIA COUNTY (WBRE/WYOU) — Should transgender student athletes be allowed to compete on the sports team of the gender they identify as?
One local school board recently voted on a policy that may make this hot-button issue clearer.
The Berwick Area School District now has specific guidelines for male and female sports and who can play on what teams.
A local advocacy group says the new rules are ant-lgbtq, but the superintendent says the policy is simply a checklist to keep all students safe.
A new policy on sex-based distinctions in sports is now in effect for the Berwick Area School District.
It states in part:
Athletic teams or sports designated for "Females" "Women" or "Girls" shall not be open to students of the male sex, and athletic teams or sports designated for "Males," "Men" or "Boys" shall not be open to students of the female sex.
One nonpartisan advocacy group is speaking out, saying the policy is discriminatory, and anti lgbtq.
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"What it does is it sends a terrible message to our lgbtq kids, especially our trans ones that they are not accepted and valued and they can't be their true selves," said Kristina Birdsall Culver the co-chair defense of Democracy Columbia County Chapter.
Culver also argues that the ruling could violate Title IX, the civil rights law that bans sex discrimination against students at public schools that receive federal funding.
The school's superintendent says it's not an outright ban, and that these decisions will be made on a case-by-case basis.
"Each will be evaluated based on these criteria to make sure that it's a safe situation for everyone," says Wendy Kupsky the superintendent at Berwick Area School District.
For example, if a biological male identifying as a female wanted to play on the girl's soccer team, this individual could potentially do so if they did not provide their team with a significant competitive advantage.
The superintendent also tells 28/22 News she has not received any requests for sex-based sports accommodations.
The Pennsylvania Interscholastic Athletic Association, better known as PIAA, has a policy leaving it up to the school.
As it stands now, Title IX prohibits discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance.
We reached out to the Department of Education to ask if Title IX preserves the distinction like the one made by the Berwick Area School District.
A spokesperson issued the following statement:
The department's rulemaking process is still ongoing for a title ix regulation related to athletics. The department proposed amendments to its athletics regulations in April 2023.
It received over 150,000 public comments, which by law must be carefully considered. We do not have information to share today on a timeline.
