On April 6, 2023, the federal Department of Education proposed a regulation regarding the inclusion of transgender students in school sports under Title IX. Check out the resources below to learn more.
Today the Department of Education issued a proposed regulation regarding the requirement for inclusion of transgender students in school sports under Title IX.
Jennifer Levi, Senior Director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders, issued the following comment on the proposed rule:
We applaud the Department of Education for issuing a rule that affirms the importance of giving transgender students the chance to play sports. Being on a team helps students build healthy self-esteem, confidence, and positive self-image. The proposed rule prohibits the kind of categorical bans adopted in too many states that are hurting transgender students and that send a dangerous message to all students. It also allows schools to adopt reasonable policies for inclusion of transgender athletes that take into account differences between sports and across levels of competition. With this proposal the Department is recognizing the importance of fair and equal treatment for transgender student athletes.
Today a federal judge in Texas 发出命令 在 布雷德伍德诉贝塞拉 blocking a long-standing requirement under the Affordable Care Act that all preventive healthcare services given an A or B rating by United States Preventive Services Task Force, including a drug that reduces the risk of HIV transmission by close to 100%, must be covered by health insurance plans without cost sharing.
“This broad and dangerous order will impact critical preventative care services that millions of Americans rely on, including cancer screenings, pregnancy-related screenings and preventative mental health care,” said Ben Klein, GLBTQ Legal Advocates & Defenders (GLAD) Senior Director of Litigation and HIV Law. “Today’s order in 布雷德伍德诉贝塞拉 will have direct and devastating consequences for efforts to combat the HIV epidemic. We have a safe, approved therapy PrEP (Preexposure Prophylaxis), that is nearly 100% effective at preventing transmission of HIV but that remains underutilized, particularly among Black and Latinx communities. Ending the requirement that insurers cover PrEP with no cost-sharing will increase new HIV diagnoses and exacerbate racial health disparities when what we need is to be ensuring more people have access to PrEP. Copays and deductibles deter people from accessing healthcare. Make no mistake, we will see more HIV transmission as a result of this ruling.”
According to researchers at Yale and Harvard, ending the prohibition of cost sharing for PrEP will increase HIV transmission among men who have sex with men by at least 17% in 仅第一年.
The CDC reported in 2019 that only 23% of people eligible for PrEP were prescribed it, and that only 8% of Black people and 14% of Latinx people eligible for PrEP received it compared to 63% of white people.
“States must take action now to address the glaring danger presented by today’s ruling in 布雷德伍德诉贝塞拉,” added Klein who is working to enact legislation to create a state mandate requiring insurers to cover PrEP with no cost sharing. “In Massachusetts today, only 9,113 of the 24,900 Massachusetts residents at high risk for HIV have been prescribed PrEP. We must do better. We urge the legislature to pass an Act to Address Barriers to HIV Medication that will fix this problem for Massachusetts.”
So far this year, nearly 500 bills targeting LGBTQ+ people have been introduced in states across the country – a dramatic increase over 2022 and 2021, which already set records.
The bills introduced – and some now passed – over the past few years follow the same aggressive template from state to state. Most of them target LGBTQ+ youth, ranging from forcing teachers to out transgender students before they are ready or banning any discussion of LGBTQ+ people and issues in schools, to banning transgender kids from playing on school sports teams with their friends and criminalizing doctors and parents for providing essential health care that can enable transgender youth to thrive.
Now we are also seeing this radical anti-LGBTQ+ agenda in Congress, where far-right politicians in the House have introduced two bills that, if passed, would have dire consequences for LGBTQ+ kids and their families across the country.
HR 734 would ban transgender and intersex youth from playing on school sports teams, taking away the important social and health benefits, and the opportunities to build skills like teamwork, cooperation, and leadership we know kids get from playing sports.
HR 5 would insert the federal government as a national school board, undermine local control, and hurt the ability of parents and teachers to support children. At a moment when we are already seeing dangerous moves toward school censorship and book bans, this unprecedented federal government interference would disrupt the public education system, undermine our communities, especially LGBTQ+ families and families of color, and cut LGBTQ+ youth off from accessing the resources and support they need to thrive.
These two federal bills – as harmful as they are – are just the tip of the iceberg of what we might see if we don’t stop them now.
As we’ve seen in the states, where bills targeting LGBTQ+ people have exploded—from schools to marriage equality to drag shows—some politicians are set on using false claims about LGBTQ+ people to stoke fears and score political points. Those false claims create a culture of hostility and fear have been shown to increase levels of depression and suicidality within LGBTQ+ youth.
The good news is that people on the side of inclusion, justice, and love understand that we are all in this together. We know that an attack on one is an attack on all. And when we work together, we can protect ourselves and each other.
The sheer volume of anti-LGBTQ+ bills introduced over the past three years is alarming and overwhelming.
But even in these times when it can feel like we are constantly on defense, we can take action to fight these attacks and secure critical legal rights for our community.
While cynical far-right actors provoke anxiety and cause harm to the most vulnerable LGBTQ+ people, we have the power and the responsibility to work and encourage the country to live up to the promise of justice, love, and freedom for all of us.
“我们知道女儿获得所需的医疗服务是多么重要，这项禁令让我们感到害怕，” Jane Doe，11 岁女孩 Susan Doe 的母亲。 我们从女儿很小的时候就和家庭医生合作，了解她正在经历的事情，并仔细地为她选择正确的道路，那就是以她本来的样子生活。这项禁令使我们无法在她青春期时为她提供所需的治疗。我们的女儿是一个快乐自信的孩子，但如果她无法获得医生建议的医疗服务，她的生活将彻底被打乱。这对她的身心健康意味着什么，我感到无比震惊。
Is Your Child’s School Safe and Affirming for LGBTQ Students?
This information applies to public schools and in some cases private schools that receive federal funding. If you have questions about your child’s rights in private school, contact us. Many students and families wait too long to get help. Don’t wait. Advocate for your student’s rights today.
Schools have an obligation to keep students safe
Every New England state has an anti-bullying law. Find information about your state’s law 这里.
Comments like “That’s so gay!” and anti-LGBTQ slurs are harassment. If it’s mean, teachers should intervene.
Teachers and administrators should have a plan to address bullying, including cyberbullying.
See the page on Bullying for suggestions for reporting bullying and getting help if your school does not respond.
Don’t wait: contact us at GLAD 答案 if you need help.
Gay-Straight Alliances/LGBTQ Clubs
The presence of a GSA or other LGBTQ club can make LGBTQ students feel safer.
Your child’s school should allow GSAs to form on the same basis as any other club.
GSAs/LGBTQ clubs are allowed to choose their own names, and shouldn’t be forced into euphemisms like “The Diversity Club.”
If you need help getting your child’s school to respond to a request to start a GSA/LGBTQ club, contact us at GLAD 答案.
First Amendment/Expression
LGBTQ students should be able to freely discuss their identities, including dating and romantic interests, on the same terms as other student. Also, students should feel free to engage in displays of affection on the same terms as other students.
Your child should be able to access positive LGBTQ websites at school if Internet access is allowed. But school filters often block these sites improperly. You can check your school’s Internet filters using our checklist.
Students should be able to dress in a way that fits their gender identity.
At Prom or other school dances, LGBTQ students should be able to:
Attend on the same basis as other students
Dress according to their gender identity
Bring a date of their choosing on the same terms as other students, regardless of gender
Non-discrimination
Gender identity and sexual orientation should be included in your child’s school’s non-discrimination policy.
Positive information about LGBTQ people and issues should be included in the curriculum and available in the library.
Health and sexual education classes should offer information that is inclusive of all sexual orientations and gender identities.
School nurses should be trained to work with LGBTQ youth.
Transgender/Gender Non-Conforming Students
Check to see if your school has the following policies. Specific guidance has been established in 康涅狄格州 和 马萨诸塞州 for the safe and respectful treatment of transgender students. If you live in another state, you can still ask your school to read this guidance in considering their policies.
Does your child’s school have a policy for ensuring that transgender students are referred to by their preferred names and pronouns?
Does your school have a policy for ensuring the confidentiality of school and medical records?
Are students able to dress in a way that fits their gender identity?
Are transgender students able to use bathrooms and locker rooms that correspond to their gender identity?
Does your child’s school avoid gender-differentiated graduation gowns?
Are transgender students able to participate in extracurricular activities – including athletics – according to their gender identity?
Beyond the basics…
Does the school cultivate a safe and affirming enviornment for all students?
Is the procedure for reporting bullying clear?
Does the anti-bullying policy list categories including sexual orientation and gender identity?
Does your child’s school participate in the Day of Silence?
Is positive information about LGBTQ people and issues included in the curriculum and available in the library?
附加信息
This information covers your child’s rights in school. You may also want to see:
The information on this page is not legal advice. Some information on this page may be out-of-date and is currently undergoing revisions. Please contact GLAD 答案 with questions or for updated information.
If you have questions about the impact of recent court and executive actions on your rights under Title IX, visit our Title IX Know Your Rights page 了解更多信息。
This information applies to public schools and in some cases private schools that receive federal funding. If you have questions about your rights in private school, contact us.
Self Expression
You have a right to be referred to by your preferred name and pronouns.
You have a right to dress and express yourself in a manner consistent with your gender identity.
You have a right to free speech and expression. This includes the right to respectfully express opinions or ideas which may offend others – including discussion of LGBTQ topics – and to disagree with others. Remember that others also have the right to respectfully express their own ideas and opinions.
Prom and Other Dances
Your school cannot stop you from taking a date of the same sex or gender to your prom or school dance, as long as your choice of date meets the rules applied to all students.
Your school cannot treat dates of the same sex or gender differently, including by requiring only same-sex dates to have parental permission.
Learning
You have a right to access information about LGBTQ subjects, including educational websites. Your school’s internet filters should not prevent this access.
Sports
Prohibitions on discrimination apply to all school programs, including sports.
School Records
You have a right to have your school and medical records kept confidential.
You can ask your school(s) to amend their records – even after graduation – to reflect your current name and gender identity.
Guidance for Schools
Connecticut and Massachusetts have issued specific guidance for how schools should follow gender identity non-discrimination laws:
This information applies to public schools and in some cases private schools that receive federal funding, throughout New England. Download our checklist for schools for more information, and contact us if you have questions.
Bullying
Does your anti-bullying policy enumerate categories including gender identity and sexual orientation?
Is the procedure for reporting bullying clear to students?
Every New England state has an anti-bullying law. Find information about your state’s law 这里.
Do school administrators provide leadership on how to address anti-LGBTQ bullying, such as telling teachers how to respond to comments like “That’s so gay” or anti-LGBTQ slurs?
All school employees should report bullying if they see it or know it is happening.
If you are not certain whether something is bullying, keep in mind that if it is mean, you should intervene.
Does your school respond effectively to reports of bullying behavior?
Do you have a plan in place for addressing off-campus conduct that interferes with a student’s education, including cyberbullying?
Gay-Straight Alliances (GSAs)/LGBTQ Clubs
Does your school have a Gay-Straight Alliance (GSA) or other LGBTQ club?
The Federal Equal Access Act says that schools must allow GSAs or other LGBTQ clubs to form and operate on the same basis as other extra-curricular clubs.
If you are a GSA/LGBTQ club advisor, are you treated equally to other club advisors?
Does your school apply the same rules to the GSA/LGBTQ club as to other clubs?
Tip: You must permit the GSA/LGBTQ club to advertise events in the same ways available to other clubs.
First Amendment/Expression
Are LGBTQ students free to discuss their identities, including dating and romantic interests, on the same terms as other students?
Are LGBTQ students free to engage in displays of affection on the same terms as other students?
Prom/Dances:
Can LGBTQ students attend school dances on the same basis as other students?
Can they dress according to their gender identity?
Can they bring a date of their choosing on the same terms as other students, regardless of gender?
Teachers’ Speech Rights
At school, students have greater speech rights than teachers because students attend school as private citizens. So if an issue needs to be raised, it could be better for a student to raise it. A teacher in the classroom or at work can be seen to speak for the district when he or she teaches, so the district has an interest in determining the content of the message delivered (there are limits on districts, however). The boundaries of this area of law are not precise and you should seek legal help if you feel your school might be infringing your speech. When a teacher is acting as a private citizen, he or she has all the free speech rights of every other United States citizen.
Have you verified that your school’s internet filtering program does not filter positive LGBTQ sites?
Transgender/Gender Non-Conforming Students
Check to see if your school has the following policies. Specific guidance has been established in 康涅狄格州 和 马萨诸塞州 for the safe and respectful treatment of transgender students. If you live in another state, you can still ask your school to read this guidance in considering their policies.
Do you have a policy for ensuring that transgender students are referred to by their preferred name and pronoun?
Do you have a policy for ensuring the confidentiality of school and medical records?
Are students able to dress in a way that fits their gender identity?
Are transgender students able to use bathrooms and locker rooms that correspond to their gender identity?
Does your school avoid gender-differentiated graduation gowns?
Tip: gender-differentiated gowns can be distressing for transgender students; consider using one color robe for all students.
Are transgender students able to participate in extracurricular activities – including athletics – according to their gender identity?
Non-discrimination
Does your non-discrimination policy include gender identity and sexual orientation?
Is positive information about LGBTQ subjects and people available in the library and included in school curriculum where appropriate? Does your health and sexual education curriculum offer information that is inclusive of all sexual orientations and gender identities?
It is not permissable for any public school in New England to discriminate against staff on the basis of sexual orientation.
It is not permissable for any public school in Connecticut, Maine, Massachusetts, Rhode Island or Vermont to discriminate against staff on the basis of gender identity. Federal law also prohibits discrimination based on sex or HIV status, and in many cases, protection against sex discrimination can protect against discrimination based on gender identity or expression.
The law also prohibits retaliation against someone who reports discrimination.
Are your nurses trained to work with LGBTQ youth?
Are your forms up-to-date and inclusive?
Beyond the Basics: How Welcoming is Your School?
Do you cultivate a safe and affirming enviornment for all students?
Does your school participate in the annual Day of Silence?
All participants in the juvenile justice system should treat you without discrimination based on your sexual orientation, gender identity and HIV status. This includes the prosecutor, your attorney, the probation department and the agency serving youth in state custody.
This means
You have the right to safe and appropriate placements free from discrimination or harassment based on your actual or perceived sexual orientation or gender identity or expression.
If you have an attorney, your attorney should be educated on representing LGBTQ youth.
You have the right to be open about your sexual orientation and gender identity or expression.
You have the right to be identified by your chosen name and pronouns and to wear clothing consistent with your gender identity.
You are entitled to protection from physical, emotional or sexual abuse by other youth or facility staff.
A facility’s response to harassment or violence against you cannot be to move you to a more restrictive facility or to isolate you.
You cannot be segregated or classified as a sex offender based on myths that LGBTQ youth prey on other youth.
Equal Treatment and Services
You have the right to equal treatment and to access appropriate services while in the juvenile justice system.
This means
You must have access to appropriate medical or mental health care, both for general services and for any medical services that may be unique to you as an LGBTQ youth.
Medical care should not be conditioned on good behavior or withheld as a punishment.
You should not be forced to undergo improper or disreputable services damaging to your well-being, such as reparative or conversion therapy.
You may not be disciplined for engaging in age-appropriate romantic or sexual conduct that would not be punished between two different-sex youth.
You have the right to be free from religious indoctrination by facility staff that condemns or disparages your sexual orientation or gender identity or expression.
You have a right to be free from discrimination. If you go to public school:
Laws in Connecticut, Maine, Massachusetts, Rhode Island and Vermont specifically protect you from discrimination or harassment based on your actual or perceived gender identity.
Prohibitions on discrimination apply to all school programs, including sports.
Connecticut and Massachusetts have issued specific guidance for how schools should follow gender identity non-discrimination laws.
You have a right to dress and express yourself in a manner consistent with your gender identity.
You have a right to be referred to by your preferred name and pronouns.
You have a right to have your school and medical records kept confidential.
Federal law also protects you from discrimination based on your sex at any school that receives federal funding, no matter where you live. And in many cases, protection against sex discrimination can protect you against discrimination based on gender identity or expression.Contact us if you have questions about your rights in private school.
Laws in Connecticut, Maine, Massachusetts, Rhode Island and Vermont specifically protect you from discrimination based on your actual or perceived gender identity in employment, housing, credit and public accommodations, like restaurants, public transportation or stores.
Note: even where there is no explicit gender identity protection, you may be able to bring sex, sexual orientation or disability discrimination claims. Federal law sometimes provides additional protections.
Never assume you are NOT protected. Contact us if you have any questions or if you need help.
In Foster Care or Group Homes
You have the right to safe and appropriate placements, and to be free from discrimination or harassment based on your actual or perceived gender identity or expression.
You have the right to equal treatment and to access appropriate services while in the child welfare system.
You have the right to safe and appropriate placements free from discrimination or harassment based on your actual or perceived gender identity or expression.
You have the right to equal treatment and to access appropriate services while in the juvenile justice system.
简体中文 
Español de México 
Português 
香港中文 
Français 
Tiếng Việt 
العربية 
Polski 
Русский 
Deutsch 
Kreyòl Ayisyen