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1 Elana Redfield, et al., Title IX Sports Participation: Public Comment 1 (2023)

handle is hein.lgbtq/titsppn0001 and id is 1 raw text is: Alejandro Reyes U.S. Department of Education 400 Maryland Ave. SW, PCP-6125 Washington, DC 20202 Submitted via regulations.gov May 15, 2023 Re: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams (RIN 1870-AA19, Docket No. ED-022- OCR-0143) We are grateful for the opportunity to provide comments on the Sex-Related Eligibility Criteria for Male and Female Athletic Teams proposed by the Department of Education (the Department) as part of its rulemaking activities under Title IX of the Education Amendments of 1972 (Title IX).1 See 88 Fed. Reg. 22,860 (Apr. 13, 2023). The undersigned are scholars affiliated with the Williams Institute at the UCLA School of Law. The Williams Institute is dedicated to conducting rigorous and independent research on sexual orientation and gender identity (SOGI), including on the demographics and experiences of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people. The Williams Institute collects and analyzes original data, as well as analyzes governmental and private data, and has long worked with federal agencies to improve data collection on the U.S. population.2 Scholars at the Williams Institute have also conducted research on many aspects of transgender experience, including population size, discrimination, health and economic disparities, and experiences in higher education.3 . The Regulation Will Impact a Significant Number of Transgender People The Williams Institute estimates that there are 1.6 million transgender people ages 13 and older in the United States, including 300,100 transgender youth ages 13-17 and 398,900 transgender ' Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688. 2 See, e.g., GENDER IDENTITY IN U.S. SURVEILLANCE (GENIUSS) GROUP, WILLIAMS INST., BEST PRACTICES FOR ASKING QUESTIONS TO IDENTIFY TRANSGENDER AND OTHER GENDER MINORITY RESPONDENTS ON POPULATION- BASED SURVEYS (2014), https://williamsinstitute.law.ucla.edu/wp-content/uploads/Survey-Measures-Trans- GenIUSS-Sep-2014.pdf; SEXUAL MINORITY ASSESSMENT RESEARCH TEAM (SMART), WILLIAMS INST., BEST PRACTICES FOR ASKING QUESTIONS ABOUT SEXUAL ORIENTATION ON SURVEYS (2009), https://williamsinstitute.law.ucla.edu/wp-content/uploads/Best-Practices-SO-Surveys-Nov-2009.pdf. 3 To access Williams Institute research on transgender people, visit WILLIAMS INST., Subpopulations: Transgender People, https://williamsinstitute.law.ucla.edu/publications/?subpop=trans2ender-people. 1

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