NCLR, GLAD, and Coalition of Organizations Support Biden Administration’s Inclusive Title IX Athletics Rule
The National Center for Lesbian Rights and GLAD, along with the National Education Association and more than a dozen other organizations, have submitted comments to the U.S. Department of Education supporting its proposed rule requiring equal treatment of transgender students in school sports under Title IX of the Education Amendments of 1972. In addition to the National Education Association, the coalition of organizations includes Family Equality, the Los Angeles LGBT Center, SAGE, and the Trevor Project.
The comments commend the Department for affirming that Title IX prohibits discrimination against transgender students in school sports, noting the urgency of creating clear federal policy in the face of the unlawful bans proliferating in many states. The proposed rule states that any policy that categorically bans transgender girls or women from playing on girls’ or women’s sports teams, or that prohibits transgender boys or men from playing on boys or men’s sports teams, is prohibited.
“We applaud the Department of Education for drafting a rule that protects transgender students from discrimination and ensures their equal inclusion in school sports,” said NCLR Federal Policy Director Juliana S. Gonen.
“With so many states adopting policies that exclude transgender athletes in violation of Title IX, it is urgent the Department of Education finalizes its rule that makes clear transgender students must be given full and equal inclusion in school sports programs,” said GLBTQ Legal Advocates & Defenders Senior Director of Transgender and Queer Rights Jennifer Levi.
Earlier this year, NCLR and GLBTQ Legal Advocates & Defender (GLAD) jointly produced a fact sheet explaining the proposed rule and its protection of transgender students in school sports under Title IX.
NCLR has filed lawsuits challenging state laws banning transgender students from school sports in 猶他州 和 亞利桑那.
Proposed Rule Affirms Nondiscrimination Protections for Transgender Students in Sports
Proposed Rule Affirms Nondiscrimination Protections for Transgender Students in Sports
更新: In April of 2024, the U.S. Department of Education released a final rule that affirms that Title IX prohibits discrimination on the basis of sexual orientation, transgender status, and other sex-based characteristics and stereotypes. Learn more about the final rule.
On April 13, 2023, the Department of Education’s proposed a regulatory standard under Title IX of the Education Amendments of 1972 (Title IX) governing the inclusion of transgender athletes (Proposed Athletics Rule). The proposed rule protects the ability of transgender students to participate in sports.
Earlier this year, GLAD and the National Center for Lesbian Rights jointly produced a fact sheet explaining the proposed rule and its protection of transgender students in school sports under Title IX.
While we strongly support the proposed rule, we urge the Department of Education to provide more clarity around enforcement to prevent misinterpretation and misapplication of the rule.
On May 13, GLAD and NCLR, along with several other LGBTQ+ advocacy organizations, submitted a public comment in support of the proposed rule.Read the public comment.
Thursday, June 1, 2023, is the 18th annual LGBTQ Families Day, a time to celebrate the many families in every state and almost every county of the U.S. that have LGBTQ+ people in them.
This event aims to raise awareness of the diversity, challenges, and joys of all LGBTQ+ families—found, formed, and chosen—who exist throughout our society.
How to Participate
Anyone who supports LGBTQ families is welcome to participate by:
Posting, tweeting, or sharing on any social media channel in celebration and support of LGBTQ families on June 1, 2023, and including the hashtag #LGBTQFamiliesDay.
Following the hashtag #LGBTQFamiliesDay throughout the day and sharing the stories, images, and thoughts from other participants.
Celebrating in your community in whatever way uplifts the voices and experiences of LGBTQ families.
Share these graphics to help spread the word—or use an image of your own family.
背景
LGBTQ Families Day was developed by the award-winning LGBTQ-parenting site Mombian and is sponsored by 家庭平等, PFLAG National, GLAAD, GLBTQ 法律倡議者和捍衛者 (GLAD), 和 科拉奇. Since 2006, the day has engaged parents across the LGBTQ+ spectrum, parents of LGBTQ+ children, LGBTQ+ individuals, children of LGBTQ+ parents, and non-LGBTQ+ family members and allies. The event is held at the start of June, between Mother’s Day and Father’s Day, in order to honor all parents but also to highlight that not all families fit into the traditional structure of one mother and one father. Additionally, June is LGBTQ+ Pride Month.
Seven Florida families will add a challenge to SB 254 to their pending lawsuit against the bans issued by the state’s Boards of Medicine and Osteopathic Medicine
Seven Florida parents who are currently challenging state Boards of Medicine and Osteopathic Medicine rules banning established medical care for their children and other transgender adolescents will also ask a federal court to block provisions in SB 254, passed by the Florida legislature today, that would codify into state law the current Boards of Medicine bans and create additional barriers for families with transgender adolescents.
Today the state of Florida has doubled down on denying science, intruding on family privacy and parental decision-making, and trampling on the rights and wellbeing of transgender adolescents. The bill passed by the legislature today interferes even further with families, deliberately provoking conflict by inviting challenges to established custody orders. This exacerbates the state of emergency for parents who are already being forced to watch their kids suffer rather than get them the effective healthcare they need and that will allow them to thrive. We will take swift action to ask the federal court to block the ban on access to essential healthcare in SB 254, as well as the Boards of Medicine bans, to stop further harm to transgender youth and their families while the plaintiffs’ case continues.
Similar bans on established medical care for transgender youth have been blocked by federal judges in Alabama, Arkansas, and Missouri.
Asian American and Pacific Islander (AAPI) Heritage Month is a time to highlight the significant role of LGBTQ+ people in the AAPI community and to reflect on the progress made as well as the work that remains to be done in advocating for equality and inclusivity. Join us as we explore the diverse identities and narratives of LGBTQ+ people of Asian and Pacific Island descent and celebrate their remarkable journeys during this month of recognition and appreciation.
Nellie Wong, Kitty Tsui, Merle Woo, and the Unbound Feet
Born into the
skin of yellow women
we are born
into the armor of warriors.
– Kitty Tsui- Tsui, K. (1989). Chinatown Talking Story. In Making Waves: An Anthology of Writings by and about Asian American Women.
Art has always been crucial in the fight for LGBTQ+ rights, as Nellie Wong, Kitty Tsui, and Merle Woo demonstrated. Kitty Tsui was born in Hong Kong, Nellie Wong was born in Oakland to Chinese immigrant parents, and Merle Woo was born in SanFrancisco to Chinese and Korean parents. These three formed the feminist performance group Unbound Feet in 1979. The group gave Asian American and LGBTQ-identifying people a safe space to share, support one another, and connect.
Because of their work, during this time in San Francisco’s Chinatown, queer women of Chinese ancestry began to metaphorically “unbind” their feet. This marked a pivotal shift towards self-discovery, empowerment, and liberation.
Unbound Feet’s work culminated in participating in the first National Third World Lesbian and Gay Conference held in Washington, D.C. in 1979. Their groundbreaking efforts in raising awareness, promoting inclusivity, and advocating for LGBTQ+ rights have left a lasting legacy, inspiring and empowering queer Asians in their fight for visibility, acceptance, and equality.
Alok Vaid-Menon
Alok Vaid-Menon is a performance artist, writer, and advocate who has spoken out about the intersection of their identities as a gender non-conforming person and a person of South Asian descent. Alok is vocal about the unique challenges and discrimination that LGBTQ+ people who are also part of marginalized racial and ethnic communities face. They have advocated for intersectional approaches to social justice and activism.
As a performance artist, Alok uses their art and creativity to challenge societal norms and expectations around gender and identity. They have performed on stages, in galleries, and on social media using fashion, poetry, and other art forms to express their gender identity and promote self-acceptance and self-expression for others. They are the author of Femme in Public (2017), Beyond the Gender Binary (2020), and Your Wound/My Garden (2021); they are also the creator of #DeGenderFashion, a social media-led initiative to degender fashion and beauty industries.
In recognition of their work, Alok has been honored as the inaugural LGBTQ Scholar in Residence at the University of Pennsylvania and awarded a GLAAD Media Award and Stonewall Foundation Visionary Award.
Alok Vaid-Menon
Kaumakiwa Kanaka’ole
Learning hula and Hawaiian music at a young age under the guidance of her mother, Kekuhi Kanahele, and her grandmother, the late Edith Kanaka’ole, Kaumakiwa Kanaka’ole is a renowned Hawaiian musician, hula dancer, and cultural practitioner. Kaumakaiwa creates some of the most original work to emerge in contemporary Hawaiian music, drawing from ancestral memory, hula practice, and melodic chants. Kaumakaiwa seamlessly melds Hawaiian culture and modern sensibilities in compelling music.
In addition to her music and dance work, Kaumakiwa is also a cultural practitioner and advocate for preserving Hawaiian culture. She has worked to promote Hawaiian language and traditional practices and has been involved in efforts to protect Hawaiian land and natural resources.
Kaumakiwa said, “The trans community has always been [in Hawaii]. The third gender is not an uncommon theme in most indigenous and aboriginal cultures. Polynesia is no exception, particularly in Hawaii. Ancient indigenous people embrace all facets and mediums of gender while still trying to balance the juxtaposition of colonialism or Western religious oppression.”
Kaumakiwa Kanaka’ole
Rose Bamberger
In 1965, eight women met secretly to form the Daughters of Bilitis. This group aimed to provide support, advocacy, and community for lesbians at a time when homosexuality was highly stigmatized and illegal in many parts of the United States. The organization held social events, published a monthly magazine called “The Ladder,” and engaged in activism to promote lesbian rights and visibility.
Interested in a safe space to dance and meet new people, Filipina Rose Bamberger and her wife, Rosemary Sliepen, hosted a meeting that formally became the Daughters of Bilitis. Bamberger played a crucial role in gathering a handful of women, including Del Martin and Phyllis Lyon, who would later become known as the founders. Despite not being a member for long, her contribution to the organization was forever recognized.
Bamberger had valid concerns about protecting herself due to the potential ramifications that could stem from public knowledge of her sexuality. She experienced frequent job changes during the 1950s, working as a machine operator, brush maker, or factory worker, forcing her to change residences at least five times. Like so many women in her time, Bamberger feared the consequences of coming out and vowed to create a safe space for women of all alike. Rose Bamberger was a founder of Daughters of Bilitis though she didn’t stay in the group long. She is one of many women of color involved in the LGBTQ+ rights movement but has been overlooked or erased from this history.
Christopher Lee
Christopher Lee is an American LGBTQ+ and HIV/AIDS activist. He is best known for his work in advocacy, education, and community organizing related to LGBTQ+ rights, HIV/AIDS awareness, and social justice issues. Chris Lee was an outspoken advocate for LGBTQ+ rights within communities of color.
Christopher Lee was instrumental in the passing of the “Respect After Death Act,” also known as AB 1577, in California in 2014. The Respect After Death Act requires that death certificates accurately reflect a person’s gender identity if it is different from the sex that was originally listed on the birth certificate. The passing of this act helps ensure the dignity and identity of transgender and gender non-conforming folks are respected after their death. Christopher Lee was a prominent advocate for this legislation and worked with California state lawmakers to help bring it to fruition.
Christopher Lee
Tak Yamamoto
As the co-founder of Asian Pacific Lesbian & Gays, the first formal organization created to meet the specific needs of queer Asian Americans and Pacific Islanders in the U.S. Takenori “Tak” Yamamoto was a significant figure in LGBTQ+ history.
Growing up in a large family, Yamamoto was among the 120,000 Americans of Japanese ancestry who were forcibly removed from the West Coast due to President Franklin D. Roosevelt’s signing of Executive Order 9066 on February 19, 1942. Yamamoto’s family was sent to Poston, Arizona, one of ten American concentration camps where Japanese Americans were incarcerated during World War II. His family spent three years in the Arizona desert behind barbed wire. After the war, Yamamoto left Poston and returned to Los Angeles. After completing high school, he joined the United States Army and served in Germany.
He was the first openly gay president of any chapter of the Japanese American Citizens League (JACL), a national organization dedicated to promoting and preserving Japanese American heritage and civil rights. His election to this position in the Seattle chapter of the JACL in 1985 was a significant milestone for LGBTQ+ representation in the Japanese American community.
Tak Yamamoto
Amao Leota Lu
Amao Leota Lu was born in 1971 in Auckland, New Zealand. She then immigrated with some of her Samoan diaspora family to Sydney in the 1980s. Through traveling in her early twenties, she came to terms with her gender identity as a woman and a fa’afafine. Faʻafafine have a third gender or non-binary role in Samoa, American Samoa, and the Samoan diaspora. She uses performances to advocate for fa’afafine identity, particularly in Western LGBTQ+ spaces. These performances combine the ideas of gender identity and Pacific culture.
As the very first queer Pacific event at Midsumma Festival in Melbourne, she performed a piece entitled Pacific Essence: Tales of a Migrant Plantation, which was staged at the Immigration Museum.
Her performances are part of a “cult phenomenon” where queer perspectives are combined with “Indigenous knowledge-making.” Leota Lu is also outspoken about the discrimination that gender-diverse members of Pacific Islander communities still face. Former occupations have included community support workers.
Amao Leota Lu
Trung le Nguyen
Trung le Nguyen, a.k.a. @Trungles, is a graphic novelist and illustrator.
Trung was born in a refugee camp in the Philippine province of Palawan and raised in Minnesota. He started making comics in middle school but stopped doing it in college. In 2012, he earned a bachelor’s degree in studio art with a minor in art history from Hamline University.
The use of traditional inking and penciling, as well as references to Vietnamese imagery, shojo manga, and well-known children’s literature, distinguish Trung’s work. He lists Harry Clarke, Heinrich Lefler, and Rose O’Neill as influences. The Magic Fish, Trung’s debut original graphic novel, was released on October 13, 2020, by Random House Graphic, a Penguin Random House brand.
Trung has received two Harvey Awards, a Romics (Italy), a prize from Angoulême (France), a GLAAD nomination, and an Eisner nomination.
There is no principled reason to exclude transgender people from our federal civil rights laws
Kesha Williams experienced brutal treatment in a Virginia men’s prison facility. In a landmark ruling, the Fourth Circuit Court of Appeals agrees that Kesha can pursue a claim for her mistreatment under the Americans with Disabilities Act.
In August, the U.S. Court of Appeals for the Fourth Circuit issued a hugely significant ruling affirming that transgender people who experience gender dysphoria may pursue claims under the Americans with Disabilities Act (ADA). The full Fourth Circuit bench then reaffirmed that ruling in October by denying the Virginia Department of Correction’s request to rehear the case.
“The Fourth Circuit ruling in Williams is incredibly important,” says GLAD Senior Director of Transgender and Queer Rights Jennifer Levi. “There is no principled reason to exclude transgender people from our federal civil rights laws, including the Americans with Disabilities Act.”
The ADA is a powerful federal civil rights law. It provides crucial protections against discrimination and requirements for reasonable accommodations in the workplace, public accommodations, and public institutions, including hospitals and prisons. While multiple district courts have previously found that transgender people cannot be excluded from the protections of the ADA, this was the first such ruling from a U.S. Court of Appeals.
The Fourth Circuit ruling came in a case brought by Kesha Williams, a Black transgender woman who was incarcerated in a men’s detention facility, denied access to medical treatment for her gender dysphoria, and faced persistent harassment by other inmates and prison deputies.
Speaking about the physical and mental abuse she experienced while incarcerated, Kesha Williams told the Washington Post in May, “I have to fight for the next girl, every other girl who has to go through this.” She hopes her lawsuit and the Fourth Circuit’s ruling will compel those responsible for operating jails and prisons to change their systems and practices to treat transgender women with less brutality. “They have to understand we’re in a different time,” she told the Post.
GLAD has been instrumental in developing the legal arguments to ensure the ADA is correctly interpreted to provide protections for transgender people and consulted with attorneys representing Williams in her case.
As GLAD also argued in a friend-of-the-court brief submitted in support of Williams, the ADA requires public institutions—including prisons—to provide equal access and to make reasonable accommodations when entrenched policies and practices discriminate against a person because of their gender dysphoria.
The ADA is intended to address the fact that people with stigmatized health conditions experience bias and discrimination and live in a world that is not accommodating. Yet bias, misunderstanding of gender dysphoria as a health condition, and outdated language in the statute have resulted in the misconception that transgender people — including those who have, have had, or are perceived to have gender dysphoria – are not covered by the ADA.
That interpretation is and always has been incorrect and unconstitutional.
“The Appeals Court ruling in Kesha Williams’ case will go a long way toward removing social and cultural barriers that keep people with treatable, but misunderstood, medical conditions from being able to thrive,” says Levi. “It would turn disability law upside down to exclude someone from its protection because of having a stigmatized medical condition.”
GLAD previously provided briefing and consultation in a Pennsylvania case, Blatt v. Cabela’s, leading to the first federal district court ruling in 2017 that transgender people are not categorically barred from seeking relief from discrimination under the ADA. In 2018 GLAD secured a landmark order from a Massachusetts federal district court allowing our client Angelina Resto, a transgender woman who faced brutal treatment while incarcerated in a men’s prison, to proceed with a discrimination claim under the ADA, leading to her transfer to a women’s facility. The Fourth Circuit Court of Appeals cited this GLAD case, Doe v. MA Department of Correction, in the Williams ruling.
Our friend-of-the-court brief in Williams was co-authored by National Center for Lesbian Rights and joined by the American Civil Liberties Union, Black and Pink Massachusetts, Lambda Legal, National Center for Transgender Equality, National LGBTQ Task Force, Trans People of Color Coalition, Transcending Barriers, Transgender Legal Defense and Education Fund, Disability Law Center of Virginia, and Disability Rights Vermont.
「任何父母都不應該被迫袖手旁觀,無能為力,眼睜睜地看著自己的孩子遭受不必要的創傷和痛苦。這項禁令剝奪了我和我丈夫照顧女兒的權利,讓我們陷入了這樣的境地。” Jane Doe 代表她自己和她的女兒 Susan 挑戰這項禁令。 我們的醫生團隊已確認,蘇珊需要盡快開始服用青春期阻斷藥物,作為治療其性別焦慮症的下一步措施,但醫學委員會的規定禁止他們或本州任何醫生為她提供所需的治療。感謝迄今為止她所接受的悉心照料,蘇珊現在是一個快樂自信的孩子。她是一名女童子軍,成績全優,並且擁有一群很棒的朋友。想到這項禁令可能會奪走這一切,我心碎不已。我希望法院能夠理解這一點,並允許我為女兒提供所需的醫療服務,以保持她的健康和茁壯成長。
This morning the U.S. House passed H.R. 734, which would amend Title IX to mandate the exclusion of transgender students from school sports. A pending rule issued by the Department of Education earlier this month clarifies that Title IX requires inclusion of transgender students on school sports teams while allowing for reasonable requirements at elite levels of competition, making H.R. 734 unnecessary and harmful.
GLBTQ Legal Advocates & Defenders Senior Director of Transgender and Queer Rights Jennifer Levi issued the following statement:
“Today’s vote on H.R. 734 is a malicious attack on transgender student athletes and sends a harmful message of exclusion and intolerance to all students. A majority of the House of Representatives voted to write discrimination into a law meant to ensure equal opportunity in education. Transgender students want to play sports for the same reasons all kids do – to compete, have fun, be part of a team and build confidence, leadership, and healthy self-esteem. As the Department of Education’s pending rule makes clear, Title IX already includes what we need in law to ensure inclusion and fairness for all student athletes. H.R. 734 undermines that effort. We urge the Senate to stop this unnecessary and unprincipled measure in its tracks.”
Let Kids Play: Tell Congress Not to Ban Transgender Students from School Sports
Transgender kids, like other students, deserve the same chances to learn teamwork, sportsmanship, leadership, and self-discipline, and to build a sense of belonging with their peers.
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.
The House passed the bill on April 20, 2023. We urge the Senate to stop this unnecessary and unprincipled measure in its tracks.
Tell your Senator to vote NO on this discriminatory bill.
On Thursday, Missouri Attorney General Andrew Bailey issued an Emergency Rule regarding the medical treatment of transgender people. Lambda Legal, the American Civil Liberties Union (ACLU), the National Center for Lesbian Rights (NCLR), GLBTQ Legal Advocates & Defenders (GLAD), and Human Rights Campaign (HRC) issued the following statement.
As national legal groups who represent LGBTQ+ people and their families in every state across this country, we condemn the lawless action of Missouri’s Attorney General in purporting to bar essential medical care for both transgender adolescents and adults.
This action by Missouri’s Attorney General crosses a red line that should strike fear in the heart of every person who values individual liberty and believes that individuals, not government officials, should make health care decisions for their children and themselves.
This is a dangerous and unprecedented escalation in the assault on evidence-based health care for transgender people. Cutting off treatment for those who need it will create predictable, unnecessary, and serious harm. It is also a blatant attempt to strip transgender people of equal protection under the law and to subject them to intrusive government surveillance and control.
We wish to make unequivocally clear that we will challenge this and any similar attempt to interfere with the fundamental freedom of transgender people to obtain medically necessary care and to be treated as equal, respected, and participating members of our democracy.
Lambda Legal and the ACLU of Missouri are prepared to fight back in court and have announced their intention to take legal action against this order.
At this critical moment for our nation, we call on all freedom-loving people to join us in condemning this dangerous abuse of government power and to affirm that every person in this country is of equal value and worth and has an equal right to freedom from governmental coercion and tyranny. Transgender people are part of our communities, and we will not tolerate this or any other attempt to deny them the freedom to control their own lives and make decisions about their own medical care.