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Retired NFL Player Calls For Separate Transgender Category Of Sports After Biden Executive Order

   DailyWire.com
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Retired NFL defensive end Marcellus Wiley suggested a separate category for transgender athletes after President Joe Biden recently issued an executive order allowing males who identify as female to participate in women’s sports.

“As a father of 3 daughters & the husband to a former collegiate athlete, this hits home in a special way,” Wiley tweeted Friday. “It’s time to create a separate transgender category in competition! Also think it’s time for me to start a podcast bcuz some things need to be discussed in detail! #respect.”

Biden’s executive order mandates that any school that receives federal funding must allow males who identify as females to play on girls’ sports teams or face repercussions from the Department of Education.

Many of the responses to Wiley’s tweet were positive, but Wiley acknowledged that not everyone supported his assertion. “I’m hearing that pushback,” Wiley tweeted in response to a tweet from Cory Procter, who is a former NFL football guard. “But, is that respecting all? That’s what I want to dive into[.]”

Biden’s Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation reads in part:

Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. 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. People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.

These principles are reflected in the Constitution, which promises equal protection of the laws. These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.). In Bostock v. Clayton County, 590 U.S. ___ (2020), the Supreme Court held that Title VII’s prohibition on discrimination “because of . . . sex” covers discrimination on the basis of gender identity and sexual orientation. Under Bostock‘s reasoning, laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.

As The Washington Post wrote:

The Biden executive order is far more ambitious. Any school that receives federal funding—including nearly every public high school—must either allow biological boys who self-identify as girls onto girls’ sports teams or face administrative action from the Education Department. If this policy were to be broadly adopted in anticipation of the regulations that are no doubt on the way, what would this mean for girls’ and women’s sports?

Some states have legislated against the move to enshrine transgender identity into law, such as Republican Idaho Gov. Brad Little, who signed a bill into law last year that banned men from participating in girl’s sports.

Related: Biden Repeals Trump Ban On Military Funding For Sex Reassignment Surgeries

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