Even though Democrats delayed on codifying abortion rights and lost women the right to choose, they seem to figure kicking this can down the road might work this time.
It astounds me how Democrats continue to enjoy "the comfort of opinion without the discomfort of thought".

Democrats want to leave the issue of trans athletes playing in women's sports to state and local governments.

their emerging strategy is to argue that one part of the issue is best left to the states, while acknowledging concerns about athletes gaining an unfair advantage.

"There are basic issues of fairness here," said Sen. Cory Booker (D-N.J.) "There are really important issues that we should be discussing on the local level, within sports leagues and within conferences."

The Democratic messaging effort has been spearheaded by Sen. Tammy Baldwin (D-Wis.), sources tell Axios.

"Republicans in Washington are saying they know better than parents and local school districts," she said in a statement. "They are wrong. I trust parents, schools and local sports leagues to make these decisions for their children."

This is so hypocritical of the Dems in DC given that the Obama-Biden administration and later the Biden-Harris adminstration both used the power of the US presidency and the executive branch to issue strongly-worded directives and guidance imposing a mandatory and extreme one-size-fits-all "trans inclusion" policy on all schools, school districts, colleges/universites, states, territories and disticts in the USA that receive any form of federal funding for any education or education-related programs.

What's more, the Obama-Biden and Biden-Harris adminstrations threatened to withdraw federal funding related to education from states, schooll districts and school that didn't comply with the draconian "trans inclusion" diktats they issued to the whole country from their lofty perches and protected bubbles on high in the corridors of power in Washington DC. Including funding from the US Department of Agriculture for the the National School Lunch Program and School Breakfast Program that provides meals before and during the school day for poor students in more than 100,000 K-grade 12 schools.

New Biden administration rule will tie federal education funding to LGBT mandates

May 30, 2022

(The Center Square) – An upcoming Biden administration rule change will tie billions of dollars in federal education funding to an array of LGBT policies, forcing school districts and universities to implement controversial rules on issues like transgender athletes in order to receive federal funding.

The U.S. Department of Agriculture said this month it will change how it interprets Title IX prohibitions on discrimination based on sex “to include discrimination based on sexual orientation and gender identity.”

That change means that schools that accept any kind of funding, including students receiving FAFSA or Pell grants or students who receive federally subsidized school lunch funding, will be subject to the new Title IX LGBT interpretation.

“As a result, state and local agencies, program operators and sponsors that receive funds from FNS must investigate allegations of discrimination based on gender identity or sexual orientation,” USDA said in a statement. “Those organizations must also update their non-discrimination policies and signage to include prohibitions against discrimination based on gender identity and sexual orientation.”

This means that schools around the country will be forced to comply with a range of pro-transgender policies in things like sports, housing, locker rooms and bathrooms if they want to continue receiving federal funds. The effort began when President Joe Biden issued an executive order almost immediately upon taking office.

https://www.thecentersquare.com/national/article_ecf08c92-deb3-11ec-bca1-cbc07ebe1f58.html

In May 2016, the Obama-Biden administration kicked the "culture war" over "trans inclusion" in US education into high gear by making the first really major, overt move in the Democratic Party's steadfast campaign to imbed gender identity ideology in US education. In the infamous "Dear Colleague" letter the Obama-Biden sent to all US schools and officials in May 2016, Democratic Party officials at the highest levels of the federal government said in no uncertain terms that all US schools which get federal funds must ascribe to a value system that favors gender identity over sex and institute policies that give special privileges and entitlements to students who claim to have a trans gender identity. Here are some salient sections from the infamous "Dear Colleague" letter the Obama-Biden sent to all US schools and officials in May 2016 that orders all US schools to treat students who say they have a trans gender identity as if they were the opposite sex, and which twists Title IX and other federal laws so that students who claim to be trans are granted special status as a superior class and sacred caste whose so-called "right" to have their claimed gender identity respected, honored, kowtowed to must always come first and be given precedence over the rights of everyone else:

This letter summarizes a school’s Title IX obligations regarding transgender students and explains how the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) evaluate a school’s compliance with these obligations. ED and DOJ (the Departments) have determined that this letter is significant guidance.

This guidance does not add requirements to applicable law, but provides information and examples to inform [schools and education programs that are federal funding] recipients about how the Departments evaluate whether covered entities are complying with their legal obligations.

Terminology

Gender identity refers to an individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth.

Transgender describes those individuals whose gender identity is different from the sex they were assigned at birth.

Gender transition refers to the process in which transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration of time.

Compliance with Title IX

As a condition of receiving Federal funds, a school agrees that it will...treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations.

Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex.

when a student or the student’s parent or guardian,as appropriate, notifies the school administration that the student will assert a gender identity that differs from previous representations or records, the school will begin treating the student consistent with the student’s gender identity.

there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their [claimed] gender identity.

Because transgender students often are unable to obtain identification documents that reflect their gender identity, requiring students to produce such identification documents in order to treat them consistent with their gender identity may violate Title IX when doing so has the practical effect of limiting or denying students equal access to an educational program or activity.

A school’s Title IX obligation to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities [consistent with their claimed gender identity] even in circumstances in which other students, parents, or community members raise objections or concerns. As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.

Harassment that targets a student based on gender identity, transgender status, or gender transition is harassment based on sex...A school’s failure to treat students consistent with their gender identity may create or contribute to [harrassment and] a hostile environment in violation of Title IX.

For a more detailed discussion of Title IX requirements related to sex-based harassment [and gender identity] see guidance documents from ED’s Office for Civil Rights (OCR) that are specific to this topic.10

Identification Documents, Names, and Pronouns

Under Title IX, a school must treat students consistent with their gender identity even if their education records or identification documents indicate a different sex.

school staff and contractors will use pronouns and names consistent with a transgender student’s gender identity.

Sex-Segregated Activities and Facilities

Title IX’s implementing regulations permit a school to provide sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes under certain circumstances.When a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.

Restrooms and Locker Rooms. A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity

Single-Sex Classes. Although separating students by sex in classes and activities is generally prohibited, nonvocational elementary and secondary schools may offer nonvocational single-sex classes and extracurricular activities under certain circumstances. When offering such classes and activities, a school must allow transgender students to participate consistent with their gender identity.

Athletics. Title IX regulations permit a school to operate or sponsor sex-segregated athletics teams when selection for such teams is based upon competitive skill or when the activity involved is a contact sport. A school may not, however, adopt or adhere to requirements that rely on overly broad generalizations or stereotypes about the differences between transgender students and other students of the same sex (i.e., the same gender identity) or others’ discomfort with transgender students.

Housing and Overnight Accommodations. Title IX allows a school to provide separate housing on the basis of sex. But a school must allow transgender students to access housing consistent with their gender identity and may not require transgender students... to disclose personal information when not required of other students.

Privacy and Education Records

Protecting transgender students’ privacy is critical to ensuring they are treated consistent with their gender identity. The Departments may find a Title IX violation when a school limits students’ educational rights or opportunities by failing to take reasonable steps to protect students’ privacy related to their transgender status, including their birth name or sex assigned at birth.

Nonconsensual disclosure of personally identifiable information (PII), such as a student’s birth name or sex assigned at birth, could be harmful to or invade the privacy of transgender students and may also violate the Family Educational Rights and Privacy Act (FERPA).A school may maintain records with this information, but such records should be kept confidential.

disclosing (or requiring students or their parents to disclose) PII from education records to the school community may violate FERPA and interfere with transgender students’ right under Title IX to be treated consistent with their gender identity.

a school may disclose appropriately designated directory information from a student’s education record if disclosure would not generally be considered harmful or an invasion of privacy. Directory information may include a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. School officials may not designate students’ sex, including transgender status, as directory information because doing so could be harmful or an invasion of privacy.

Updating a transgender student’s education records to reflect the student’s gender identity and new name will help protect privacy and ensure personnel consistently use appropriate names and pronouns.

https://www.justice.gov/opa/file/850986/dl