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To: President Joseph Biden

Stop gender-based discrimination against student-athletes

Transgender, nonbinary, and intersex students already experience high rates of sex discrimination and harassment at school, which is linked to poor academic and health outcomes.

The Department of Education is proposing a federal rule to outlaw categorical anti-trans sports bans passed in 21 states. State laws banning trans students from playing on sports teams consistent with their gender pave the way for invasive and horrific “sex testing” practices. “Sex testing,” may include genital inspections or hormonal tests for students to “prove” their gender, and it must be banned because as a violation of Title IX, students’ privacy, and basic humanity.

The deadline for public comments is May 15, so we have only days left to make it clear that there is no place for the policing of bodies or enforcement of sex stereotypes in school sports.

Moreover, we need to encourage the Biden administration to be clearer about the strong protections Title IX provides—since we know hostile politicians will not stop their attacks on vulnerable youth!

Add your name to protect kids from arbitrary, discriminatory, and damaging political attacks.

Why is this important?

We must urge the Department to strengthen its Title IX rule so that transgender, nonbinary, and intersex (people born with natural variations in sex-linked characteristics) youth can access the full benefits of an education, including by playing school sports as they are. Defending this right is crucial for these students’ well-being and ability to learn without discrimination.

Transgender, nonbinary, and intersex students have been playing sports with their peers for many years and with zero problems! In fact, barring trans women and girls from playing with other women and girls harms all women and girls because it can allow anyone to accuse any student athlete of not “really” being a woman or a girl.

Many times, this leads to “sex testing,” which includes horrific and invasive practices like genital inspections or hormonal tests for students to “prove” their gender.

The Department should explicitly state that requiring sex testing of student athletes violates Title IX because such testing causes significant harm to affected students and is never necessary to advance an important educational objective.

Sex testing invades students' privacy, is often enforced arbitrarily based on prejudice, and sends deeply stigmatizing and damaging messages to all youth that are completely inconsistent with a supportive educational environment.

Discriminating against and demonizing some students because of who they are or how they look directly violates Title IX.

Add your name as part of the public comment period (“Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance,” 88 Fed. Reg. 22860, Docket ID ED-2022-OCR-0143).

Urge the Department to finalize and strengthen the Department’s Title IX rule to provide strong, clear protections for transgender, nonbinary, and intersex students to participate fully in sports consistent with their gender identity.

How it will be delivered

NWLC will submit this as part of a public comment on “Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance,” 88 Fed. Reg. 22860, Docket ID ED-2022-OCR-0143. You can also submit your comment at




2023-08-21 17:58:08 -0400

500 signatures reached

2023-05-11 15:40:19 -0400

100 signatures reached

2023-05-11 15:20:07 -0400

50 signatures reached

2023-05-11 15:14:18 -0400

25 signatures reached

2023-05-11 15:11:38 -0400

10 signatures reached