Hey John,

Yesterday, after over a year of persistent advocacy from student organizers and advocates, the Biden Administration finally released a rule addressing trans student athletes.

Let me be clear, we were just as shocked as you! In an egregious act for an Administration that generally works with us, our partners in the Biden Administration did not even give us (or anyone we've talked to) a heads up that this was coming! Instead, they sent it to the media before telling the people who've dedicated their lives to this issue could even comprehend what was happening. So, yeah, we're pretty pissed about that.

But let's get into the proposed rule itself: In short, it's better than nothing, but still leaves the door open to potential discrimination — especially in high school and college athletics.

• The good: We're very encouraged to see the proposed rule disallows any complete, blanket bans on transgender students' participation in sports. This would challenge transphobic state proposals that prevent trans students of all ages from playing on teams consistent with their gender identity.


• The part we’re still analyzing: Now, the rule seems to suggest (we're still analyzing details) that trans students in elementary school or intramurals would "generally be able to participate on school sports teams consistent with their gender identity." That seems good... but then schools can deny trans students participation when they get older? And what does “generally” mean here?
  
  
• The bad: In an attempt at compromise, the Biden Administration is proposing to allow schools "flexibility" in whether trans students are allowed to compete on a team that aligns with their gender identity when the sport is considered "competitive." I don't know about you, but I can't think of a sport that isn't considered "competitive," and I really don't like the idea of giving schools the flexibility to discriminate based on what they deem competitive. We here at Advocates for Youth and our Know Your IX cohort of youth activists fear that this open language would allow high schools and colleges to deny trans students the right to participate in sports, directly violating Title IX by denying students equal access based on their gender.

The fact is the inclusion of transgender people will not result in the elimination of opportunities for cisgender people. It has never done so and will not now. Title IX’s mandate is that all students – including transgender, nonbinary, and intersex students – must be able to access the benefits of an education free from sex-based and gender-based discrimination, including athletics. This rule, as currently proposed, opens the door to undermining that promise.

That said, this is simply a proposal! There is time to submit comments and work with the Biden Administration on strengthening this rule. It is crucial that the final version of this Title IX regulation goes further to eliminate discriminatory practices in schools against transgender, intersex, and nonbinary students and their ability to participate in school athletics.

• During the proposed rule’s 30-day public comment period, Know Your IX youth activists look forward to submitting comments that center the needs of transgender students.
• Stay tuned for our action alerts on how to do just that! As we said earlier, the Biden administration surprised us with this rule, so we are working quickly to coordinate a response and will let you know when you can take action!

The Biden Administration has previously sent strong messages affirming that transgender youth belong in schools, in sports, and in our civil rights protections, and must keep their promise to protect transgender students.

We look forward to holding them accountable and ensuring they do.

In Solidarity,

Emma Levine
Know Your IX Manager
Advocates for Youth

P.S. We are in the middle of a series of Title IX activism trainings for Sexual Assault Awareness Month!

Sign up here to join one or all of our training series.

Swipe through our IG post about all the trainings here, and share with the world by tapping that paper airplane!