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Congressional Equality Caucus Responds to the Department of Education’s Proposed Rule on Title IX and Athletics

April 6, 2023

WASHINGTON, DC Today, the Congressional Equality Caucus released the following statement on the proposed rule by the Department of Education relating to Title IX and students' eligibility for athletic teams.

"Trans kids play sports for the same reasons as their cisgender peers: to be part of a team, learn sportsmanship, and challenge themselves. This proposed rule properly affirms that categorical bans that deny trans kids the opportunities to participate in school sports and learn these values violate Title IX," said Equality Caucus Chair Mark Pocan (WI-02). "In the coming days, we will continue to further analyze this rule and what restrictions may or may not be permitted. We will be providing our feedback to the Department of Education to ensure trans students are afforded their full civil rights protections under Title IX."

Across the country, states have passed complete bans on trans youth participating in school sports consistent with their gender identity. Leading women's sports and gender justice organizations, including the Women's Sports Foundation and National Women's Law Center, support full inclusion of all students—including transgender, intersex, and nonbinary students—in school sports and oppose bans on transgender girls participating in sports.

Leading athletes and player associations also support full inclusion in sports. For example, when an anti-transgender legal organization challenged Connecticut's inclusive athletics policy, athletic stars like Jasmine Thomas, Billie Jean King, Megan Rapinoe, and Layshia Clarendon, the Women's National Basketball Players Association, and others filed an amicus brief defending the right of transgender students to play.

You can read the proposed rule here.

You can read a fact sheet prepared by the Department of Education here.

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Founded in 2008, the mission of the Congressional Equality Caucus is to promote equality for all, regardless of sexual orientation, gender identity or expression, or sex characteristics, including intersex traits. The Caucus is strongly committed to achieving the full enjoyment of human rights for LGBTQI+ people in the U.S. and around the world.