In April 2023, President Biden proposed changes to the Department of Education’s Title IX rule addressing the rights of trans, non-binary, and intersex students to play school sports free from discrimination. This is the first time that the Title IX rules would address eligibility for trans, non-binary, and intersex students to participate on sex-separated athletic teams consistent with their gender identity.

NWLC submitted comments to the Department expressing support for the proposed rule’s prohibition on discriminatory policies categorically banning trans, non-binary, and intersex students from playing school sports. Our comments also provided key recommendations to clarify further the rule’s protections to ensure all women and girls, including trans and intersex women and girls, and nonbinary students can play alongside their peers free from sex discrimination and consistent with Title IX’s far-reaching protections.

Read NWLC’s sign-on comment, joined by 40 organizations advocating for women’s rights and gender justice, here.

Read NWLC’s individual organizational comment here.

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Additional resources on the proposed Title IX athletics rule:

  • Here is a factsheet about the Department of Education’s proposed Title IX athletics rule.
  • Here is a blog about the proposed athletics rule.

Additional resources about Title IX and inclusive athletics:

  • Here is a factsheet about Title IX and inclusion in athletics for transgender and intersex students.
  • Here is a blog about why gender justice in sports cannot succeed without including transgender women and girls.