Is It Fair for Girls to Compete Against Biological Males? Jean-Pierre: 'There Is No Yes or No Answer' (August 29, 2023)

A reporter brought Nikki Haley’s words to the White House. “Karine, question on the big election topic, transgender rights. Former Governor Nikki Haley and presidential candidate says, quote, ‘The idea that we have biological boys playing in girls’ sports, it is the women’s issue of our time.’ Does the President agree that this is a women’s rights issue?” the reporter asked at the briefing on Aug. 29, 2023 [1].

Press Secretary Karine Jean-Pierre called it “a complicated issue.” Pressed on whether President Joe Biden thought it was fair for girls to compete against biological males, she said: “There is no yes or no answer to this; it is complicated.” [1]

The video above shows the exchange at the Aug. 29, 2023, briefing. Quotes are from the American Presidency Project, the Federal Register and the Clerk of the House [1][2][3][4][5][6].

”It’s a Complicated Issue”

“So, we’ve talked about this many times. This is the Title 9, specifically. Look — and, again, we’ve talked about this multiple times. It’s a complicated issue, and there are a wide range of views on this,” Jean-Pierre answered [1].

She pointed to the Education Department. “The Department of Education proposed a rule, as you know, that gives schools the flexibility to establish their own athletics policies,” she said. She described the rule as “establishing guardrails — right? — to — to prevent discrimination against trander- —gender — [transgender] kids.” [1]

“So, I’m just not going to get ahead of that,” she said [1].

”The President Has Granddaughters”

The reporter kept going. “The President has granddaughters. Does he care that girls are allowed to compete in sports without the —” the reporter asked. “I just —” Jean-Pierre began. ”— fear of injury?” the reporter said. “Does he think it’s fair for girls to have to compete against biological males?” [1]

“I just answered the question. It is a complicated issue. It is truly a complicated issue with a wide range of views — a wide range of views. There is no yes or no answer to this; it is complicated,” Jean-Pierre said [1].

“And it is — again, we want to make sure that while we establish guardrails with this rule, that we also prevent discrimination as well against transgender kids. But, again, a complicated issue with a wide range of views, and we respect that. Go ahead.” [1]

“Consistent With Their Gender Identity”

The Education Department published its athletics proposal on April 13, 2023 [3]. It proposed “a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.” [2]

Under the proposal, a school’s limits had to “be substantially related to the achievement of an important educational objective” and “minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied,” the department later wrote [3].

”He Would Veto It”

House Republicans had a simpler answer: the Protection of Women and Girls in Sports Act, H.R. 734, from “Rep. Steube, R-FL, and 93 cosponsors.” [4]

The White House came out against it. “The Administration strongly opposes House passage of H.R. 734,” its statement said on April 17, 2023. It said the bill “targets people for who they are and therefore is discriminatory,” and warned: “If the President were presented with H.R. 734, he would veto it.” [4]

It also attacked Republicans. “Congressional Republicans have instead chosen to prioritize policies that discriminate against children,” the statement said [4].

The House passed the bill anyway on April 20, 2023, 219 to 203. Republicans voted 219 to 0. Democrats voted 0 to 203 [5].

By the Numbers

219-203: the House vote on H.R. 734 [5].
0: House Democrats who voted for it [5].
93: cosponsors of the bill, per the White House [4].
150,000+: public comments on the Biden athletics proposal [3].

What Happened Next

Biden’s rule was dropped. On Dec. 20, 2024, the Education Department withdrew the athletics proposal. “In light of the comments received and those various pending court cases, the Department has determined not to regulate on this issue at this time,” the notice said [3].

Trump signed an order. On Feb. 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports.” It says that letting men compete in women’s sports “is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports.” [6]

“Therefore, it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities,” the order says. It is also “the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.” [6]

The order tells the Secretary of State to press the International Olympic Committee so “that eligibility for participation in women’s sporting events is determined according to sex and not gender identity or testosterone reduction.” [6]

For the same briefing’s answer on Yevgeny Prigozhin, see HYGO News’ page on Aug. 29, 2023. For the House vote and Speaker Kevin McCarthy’s first 100 days, see the page on April 17, 2023.