President Biden’s nominee for education secretary, Miguel Cardona, faced questions about transgender athletes during a tense exchange with Senator Rand Paul, R-Ky., During his confirmation hearing before the Health, Education, Labor and Pensions Committee of the Senate on Wednesday.
On the first day of his term, President Biden issued an executive order asking schools to allow transgender athletes to participate in sports that match their gender identity, rather than biological sex. Paul, however, noted that in 2020 the Department of Education’s Civil Rights Office told Connecticut that allowing biological men to participate in women’s sports violated the rights of female students under Title IX.
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“If you are confirmed, will you enforce the opinion of the Civil Rights Office?” Asked Paul.
“I understand that there are many concerns about this. If confirmed, it is my responsibility and privilege to ensure that we are fulfilling the civil rights of all students, and that includes activities in which they can engage in high school or athletics,” said Cardona.
The Civil Rights Office’s opinion dealt with a case outside the home state of Cardona, Connecticut, where he currently serves as commissioner of education. The case came about when female student athletes filed a complaint and then a federal lawsuit arguing against state policy that allowed transgender students to participate in sports according to their gender identity.
The girls complained that they lost the classification in the first positions in athletics competitions and possible scholarships because of biologically male students and with physical advantages. They claimed that two transgender students in particular helped their schools win championships.
Pressing Cardona on the subject, Paul asked bluntly, “What do you think, in general, of boys running in girls’ racing competitions as they have been doing in Connecticut?”
Cardona said he believed it was “extremely important” that educators and education networks “respect the rights of all students, including transgender people”, adding that all students must be able to participate in the activities.
Paul went on to discuss the disparity between boys ‘and girls’ sports and how male students outnumber female students. He claimed that allowing biological men to participate in women’s sports “would completely destroy women’s athletics”, depriving girls of opportunities and scholarships.
“Do you worry about having boys running in girls’ athletics competitions?” Paul asked again.
Cardona did not respond directly, but acknowledged the difficulty and sensitivity of the issue. He recalled that, as Connecticut’s education commissioner, he spoke to families who shared Paul’s concerns, as well as families of transgender students.
“So I understand that this is a challenge. I look forward to working with you and others,” said Cardona, before Paul interrupted him to repeat the question.
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“Do you think it’s fair to have boys running in the women’s competition?” he asked again.
“I think it is appropriate – I think it is the legal responsibility of schools to offer opportunities for students to participate in activities, and that includes students who are transsexuals,” replied Cardona.
“So you have no problem with boys running in girls’ running competitions, swimming competitions, whatever you want, are you okay then with boys competing with girls?”
“Respectfully, Senator, I believe I have answered the question,” said Cardona, reiterating his position that schools should offer activities to all students.
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Paul, citing female athletes in his family, said he believes most people find it “completely bizarre and unfair” to allow students to participate in women’s sports based on their stated gender identity rather than biological sex.
“I think the fact that you seem to be afraid to answer the question, or basically answer the question by saying that everything is fine without saying that everything is fine, is really a statement of the real problem we have and a disconnect between the middle of America and what else Americans really believe, “said Paul.