20 states have anti-trans sports bans, with more states trying to pile on with trans discrimination. Now, it’s time to take action in support of trans student athletes. 

The Department of Education is taking comments from now through May 15th on its proposed rule on Title IX Athletics, which prohibits categorical exclusion of trans athletes by schools and sets criteria to which they must adhere to receive federal funds. Read the fact sheet from the Department of Education.

Submit your comment today in support of hard-won Title IX protections in sport. Together we can ensure that non-discrimination protections based on sex are fully inclusive of our transgender, nonbinary and intersex loved ones and neighbors. 

FAQ

What does the proposed rule say?
The proposed rule text, which would be in the Title IX regulations at section 106.41(b)(2), reads as follows: 

“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.” 

Does anybody read public comments? Isn’t a rule a rule?
Preliminary rules are issued first and, once published in the Federal Register, a 30-day public comment period opens for people to weigh in with their comments. Those comments are then considered before a final rule is issued. In this case, the Department of Education issued the preliminary rule; we want to ensure that PFLAGers submit as many comments in support as possible to positively influence the Department of Education before the final rule is issued. 

How long do I have to decide to submit a public comment to the Department of Education?
You have from now through Monday May 15th to submit your comment. 

Why do I need a personal statement? Can’t you just tell me what to say?
We have suggested language below, but as every PFLAGer knows: Personal, heartfelt stories and statements soften hearts, change minds, and can create lasting change. This is our one opportunity to get our voices heard to make a difference on this issue, and a personalized touch gets greater attention. 

What do I have to do?
Take these three steps:

1. Review our fact sheet.
2. Read our sample talking points below. You are welcome to use them when you…
3. Fill out the form and hit submit. Don’t forget to state that you are a member or supporter of PFLAG and, if willing and able, share your personal story.
   Please note: when you submit your comment it will be made public, so please weigh your safety and that of your family as you choose what to include in your comment submission. 

Sample Talking Points

• As a proud member of PFLAG, it is important to me and to my family that the Department of Education protects our children and lets all kids play, including transgender and intersex kids. 
• We need our government to protect our families because too many states won’t, and are working actively to harm kids I care about. 
• With 20 states already issuing bans on trans and intersex students playing sports consistent with their gender identity, it’s urgent that this rule be finalized to affirm that these bans would violate Title IX and ensure that schools which enact such bans would lose their federal funding when they discriminate against trans and intersex kids.
• The rule and language surrounding it should not harm sports opportunities for any woman or girl. In fact, women’s rights and gender justice organizations overwhelmingly support inclusion of trans and intersex women and girls in sports, reject sports bans for dangerously targeting trans and intersex women and girls and for relying on sex-based stereotypes and inaccuracies to justify bans. 
• Policies that fully include trans and intersex women and girls on sports teams with other women and girls harm no one.
• Please: Let kids play!