38° and Partly Cloudy
New Jersey Attorney General Advocates for Antidiscrimination Protections for Transgender Athletes
New Jersey Attorney General Matthew J. Platkin is leading a coalition of 12 attorneys general to advocate for enhanced antidiscrimination protections for transgender athletes. The group submitted a comment letter in response to a proposed rule by the U.S. Department of Education (USDOE), which seeks to clarify how federally funded schools can comply with Title IX while determining a transgender student's eligibility to participate in school sports.
Sent to USDOE Secretary Miguel Cardona on May 15, 2023, the letter supports elements of the proposed rule prohibiting federally funded schools from excluding transgender students from sports. Co-led with New York Attorney General Letitia James, the coalition also recommends revisions to the proposed rule, ensuring the inclusion of all transgender students in school athletics up until the elite college level.
The attorneys general are encouraging the Biden Administration to mandate that federally funded schools allow transgender students to participate in sports that align with their gender identity from elementary through high school and college intramural levels. They also call for minimum nondiscrimination protections at all levels.
Furthermore, the letter urges the Biden Administration to explicitly state that the Administration's Title IX rules do not prevent states like New Jersey from implementing broader protections for transgender athletes under their own anti-discrimination laws.
"Every student deserves a safe and inclusive school environment," said Attorney General Platkin. "In New Jersey, we recognize the benefit of school sports on overall education, and we will continue to protect transgender students from all forms of discrimination in schools across our State."
Title IX prohibits sex-based discrimination in federally funded education programs or activities. Given recent legal developments regarding Title IX interpretation, the USDOE needs to clarify that Title IX's prohibition against differential treatment based on sex extends to discrimination based on gender identity.
The letter addresses the estimated 300,000 transgender youth aged thirteen to seventeen in the United States. It highlights the tangible and substantial harm caused by discrimination and exclusion based on transgender status – including educational, economic, emotional, and health damage. This harm is particularly severe for transgender youth, who already experience increased rates of depression, substance use disorders, and suicide.
The attorneys general emphasized the essential role of athletics in education and its numerous benefits. Participation in sports has been linked to academic achievement and improved academic performance. Transgender students participating in sports experience similar outcomes to their cisgender peers.
Sundeep Iyer, Director of the Division on Civil Rights, reinforced the stance against discrimination in New Jersey. "The law in New Jersey prohibits discrimination on the basis of gender identity and expression, and that means students have a right to participate in athletics in a manner that corresponds with their gender identity and expression," he said.
The letter also includes further recommendations to amplify Title IX's broad protections against discrimination. These include prohibiting schools from using alleged fairness or safety concerns to exclude transgender students from sports and requiring schools to rely on student self-identification to determine whether a student is transgender.
The initiative led by Attorney General Platkin and James saw support from the attorneys general of California, Hawaii, Illinois, Maine, Massachusetts, Minnesota, Oregon, Rhode Island, Vermont, and Washington.
This move signals a progressive approach towards ensuring the rights and safety of transgender students, affirming that every student deserves equal access to opportunities in education, including athletics. It emphasizes the importance of cultivating an inclusive, accepting, and nondiscriminatory environment in all aspects of education.
