A Biden administration proposal to forbid outright bans on transgender athletes sparked outrage from conservative leaders while also angering trans rights activists who note schools could still prevent some athletes from participating on teams that align with their gender identity.

The proposed rule, which still faces a lengthy approval process, establishes that blanket bans, like those that have been approved in at least 20 states, would violate Title IX, the landmark gender-equity legislation enacted in 1972. But schools that receive federal funding could still adopt policies that limit transgender students’ participation, particularly in more competitive high school and college sports.

Under the proposal, it would be much more difficult for schools to ban, for example, a transgender girl in elementary school from playing on a girls basketball team. But it would also leave room for schools to develop policies that prohibit trans athletes from playing on more competitive teams if those policies are designed to ensure fairness or prevent sports-related injuries.

Imara Jones, a trans woman who created “The Anti-Trans Hate Machine” podcast, blasted the proposal, saying President Joe Biden is attempting to “straddle the fence” on a human rights issue ahead of an election year by giving legal recourse to schools that bar some trans athletes from competition.

“The Biden Administration framed their proposal as a ban on blanket discrimination against trans athletes,” Jones said. “But actually, it provides guidelines for how schools and universities can ban trans athletes legally.”

US Representative Alexandria Ocasio-Cortez, a New York Democrat, also offered pointed criticism, saying in a tweet that the plan was “indefensible and embarrassing.”

Erin Reed, a prominent trans activist and researcher, said the proposal “alarmingly” echoes right-wing talking points, which argue that trans participation could increase injuries and take away scholarship opportunities from female athletes who are cisgender, meaning their gender identity matches the sex they were assigned at birth. She worries school boards and lawmakers will use it to justify bans.

Extensive research is virtually nonexistent when it comes to determining whether adolescent trans girls have a clear athletic advantage over cisgender girls.

“I can’t read this any other way than a betrayal,” Reed said in a tweet. “This entire document is worse than doing nothing.”

The US Department of Education declined to comment Friday on criticisms from trans rights advocates.

Sean Ebony Coleman, founder of the LGBTQ+ centre Destination Tomorrow in New York, said policymakers — particularly on a national level — need to rule out any option for trans people to be further ostracised.

“While it hypothetically prevents across-the-board bans, it offers enough gray area for discrete gender policing and demonisation to occur, specifically on a local level,” Coleman said.

Still, some transgender athletes welcomed the proposal as an important first step toward protecting trans kids’ access to sports.

“I would love to see protections expanded to include elite and collegiate sports, but this seems like a good start,” said Iszac Henig, a trans man and competitive swimmer at Yale University. “Trans athletes should have the ability to compete on the team of their choice if their athletic skills allow it.”

Some LGBTQ+ organisations, such as the nonprofit GLBTQ Legal Advocates and Defenders, applauded the proposal for allowing schools to adopt what it considers “reasonable policies for inclusion of transgender athletes that take into account differences between sports and across levels of competition.”