Published December 18, 2025
On December 18, 2025, EPPC scholar Rachel N. Morrison submitted a public comment on the Department of Homeland Security’s (DHS) proposed rule that would amend regulations governing biometrics use and collection. One of the proposals involves DNA testing “to prove or disprove an individual’s biological sex as it pertains to eligibility for a non-immigrant visa … for certain athletes coming to the United States to compete in a sporting event.”
Morrison’s comment pointed out that the proposal aligns with President Trump’s executive orders on “Keeping Men Out of Women’s Sports” and “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Morrison opposed “male athletes competing in women’s sports as a matter of justice” and explained how “public opinion and current science support protecting female sports.” She wrote:
Participation in women’s sports should be based on sex and biological reality, not “gender identity” and subjective self-perception. There are two sexes—male and female. Biology is not bigotry. As Supreme Court Justice Ruth Bader Ginsburg recognized, “Physical differences between men and women … are enduring: ‘[T]he two sexes are not fungible.’” This is especially true for athletics.
Morrison concluded by applauding DHS for “exploring ways to oppose gender ideology, recognize biological truth, and better support and protect women’s sports.”
Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project, which advocates for an authentic understanding of the human person in the drafting, implementation, and rollback of government regulations.
