About This Campaign
What is the Title IX Athletics Rule and why is it important?*
All students should have the opportunity to fully participate in school sports free from discrimination based on sex, including gender identity and transgender status. As a broad civil rights law, Title IX aims to ensure that all students can access the benefits and opportunities of an education free from sex discrimination, including in school activities, like sports. Since Title IX’s implementing regulations were first issued in 1975, Title IX has allowed, but not required, schools to have sex-separated sports teams where “selection for such teams is based on competitive skill or the activity involved in a competitive sport.” It has also required that schools provide equal opportunity in their sports programs.
Despite this broad mandate, extremists have been working hard to stop LGBTQI+ students from being their full selves in schools, including by targeting trans, nonbinary, and intersex students’ right to play sports alongside their peers. To date, 21 states have passed laws that categorically ban trans student athletes from participating on the team that aligns with their gender identity.
In April 2023, after years of sustained advocacy, the Department of Education proposed a new rule affirming that Title IX secures the right of transgender, non-binary, and intersex students to play school sports free from discriminatory rules that seek to ban them. This is the first time that the Title IX rules would address trans students’ eligibility to participate on sex-separated athletic teams. Properly interpreted and applied, this rule would sharply restrict schools’ ability to exclude trans, nonbinary, and intersex athletes.
The following is the full text of the proposed rule:
If a recipient adopts or applies sex-related criteria that would limit or deny a student's eligibility to participate on a male or female team consistent with their gender identity, such criteria must, for each sport, level of competition, and grade or education level: (i) be substantially related to the achievement of an important educational objective, and (ii) minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.
This draft regulation is not yet final – and we have a major opportunity to make our voices heard and push the final rule to be as inclusive as possible. Above all, our goal is to have trans and intersex kids at all ages be able to participate in sports with their peers.
*From the Title IX Factsheet released jointly by GLSEN, National Center for Lesbian Rights, National Women’s Law Center, National Center for Transgender Equality, and Athlete Ally.
What is the “Let Us Play” Campaign?
The National Center for Transgender Equality in partnership with Athlete Ally, the GenderCool Project, InterACT, National Education Association, GLSEN, Transgender Legal Defense & Education Fund, and TransAthlete are launching our, “Let Us Play” campaign. This campaign’s purpose is to center youth voices and organize young athletes, teammates/peers, parents/families, and educators/coaches. We will mobilize these four priority groups—and all others who support transgender, nonbinary, and intersex students—to submit comments urging the Dept. of Education to let us play.
What can I do to protect trans, nonbinary, and intersex youth under the Title IX Athletics Rule?
As an individual, you can have a big impact in making sure that as many people as possible submit a comment urging the Biden-Harris Administration to protect our trans, nonbinary, and intersex youth.
Submit Your Comment
Send a message to the U.S. Department of Education and tell them to let ALL trans, nonbinary, and intersex kids play!