On Wednesday, February 3rd, Senator Rand Paul questioned President Biden’s education secretary nominee, Miguel Cardona, on transgender student athletes in a charged exchange at his confirmation hearing.

On his first day in office, Biden signed an executive order calling on schools to allow transgender student athletes to participate in the sporting events that match their gender identity, as opposed to their biological gender. This order broadens last year’s Supreme Court ruling in Bostock v. Clayton County, which held that LGBT individuals are protected from workplace discrimination based on sex, to apply to Title IX, the federal law that prohibits sex discrimination in schools receiving federal money.

Last year, the Education Department’s Office of Civil Rights informed the state of Connecticut that allowing transgender student athletes to participate in female sports violated the Title IX rights of female students.

During this time, three female high school students and their families filed a federal lawsuit seeking to block transgender athletes from competing in girls’ sports in Connecticut. The girls, all accomplished runners, argued they had personally been harmed by a policy allowing transgender females to compete against them in their running events, missing their chances at championship titles, state records, and scholarship opportunities.

The girls complained that they lost out on finishing in top positions in track and field competitions and possible scholarships because the students had physical advantages. They claimed that two particular transgender students helped their schools win championships.

“If you’re confirmed, will you enforce that Office of Civil Rights opinion?” Paul asked Cardona, Connecticut’s commissioner of education at Wednesday’s confirmation hearing before the Senate Health, Education, Labor and Pensions Committee.

“I understand that there are a lot of concerns about that. If confirmed, it’s my responsibility and my privilege to make sure that we’re following civil rights of all students, and that includes activities that they may engage in in high school or athletics,” Cardona responded.

Paul asked Cardona what he thoughts in general of boys running in girls’ track meets, as they have been doing. He declined to answer, reiterating that it is “critically important” teachers and schools “respect the rights of all students, including students who are transgender.” Paul also asked Cardona if he didn’t have a problem with boys competing in the girls sports, to which he replied with “Respectfully, Senator, I believe I answered the question.”

Paul went on to discuss the disparity between boys’ and girls’ sports and how male students outperform their female counterparts. He claimed that allowing biological males to participate in girls’ sports “would completely destroy girls’ athletics,” depriving girls of opportunities and college scholarships.

Cardona acknowledged the difficulty and sensitivity of the issue. He recalled that as Connecticut’s commissioner of education he has spoken with families who shared Paul’s concerns as well as with families of transgender students. “So I understand that this is a challenge. I look forward to working with you and others,” Cardona said, before Paul cut him off to repeat his question.

“I think the fact that you seem to be afraid to answer the question, or you basically do answer the question by saying it’s OK without saying it’s OK, really is a statement to real problem we have and a disconnect between middle America and what most Americans actually believe,” Paul concluded.