
(CNS News) – When asked whether Joe Biden has the authority to mandate that public schools allow transgender students to play on the sports teams and use the locker rooms that they gender-identify with, Senator Ted Cruz (R-Texas) said, if Biden becomes president, he expects his administration to push “the agenda of the extreme and angry left” on a “daily basis.”
At the U.S. Capitol on Tuesday, CNS News asked the senator: “Joe Biden said that on his first day of office he will use Title 9 to mandate across the board that all schools that receive federal funding need to allow transgender students access to the sports rooms, locker rooms, and bathrooms of their choice. Do you think he has the power to unilaterally do this and do you agree with it?”
Cruz replied, “I have no doubt that, if we see a Biden administration, we will see them abusing their power on a daily basis and advancing the agenda of the extreme and angry left.”
On the Biden-Harris Campaign website, a listed priority is “Guaranteeing transgender students have access to facilities based on their gender identity.”
“On his first day in office, Biden will reinstate the Obama-Biden guidance revoked by the Trump-Pence Administration, which will restore transgender students’ access to sports, bathrooms, and locker rooms in accordance with their gender identity,” the Biden-Harris LGBTQ+ policy reads.

The Obama-era policy was issued to schools in 2016, mandating, “As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations. The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.”
“Under Title IX, there is no medical diagnosis or treatment requirement that students must meet as a prerequisite to being treated consistent with their gender identity,” the letter explaining the Obama policy continues.
This policy would allow biological males who identify as females to be granted access to female locker rooms, bathrooms and sports teams without undergoing confirmation surgery or using hormone replacements.
The International Olympic Committee and World Athletics both require transgender female athletes to demonstrate sustained lower levels of testosterone before they are allowed to compete in female sports.
Genetically, transgender “women” are still men, and they cannot change their genetic structure. As the National Human Genome Research Institute at the NIH states, "Typically in mammals, the gender of an organism is determined by the sex chromosomes. In the case of humans, this happens to be the X and the Y chromosomes. So as you may recall, if you are XX, you are female. If you are XY, you are male."