Federal and State Guidance Permitting Gender-Based Exclusion from Facilities and Programs

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Protect Trans Rights

AKA “Guarantee Equal Access to Public Services Under Federal Law”


Which agency/agencies promulgated the regulation? *
Congress / Department of Education / Department of Justice Civil Rights Division / EEOC
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind: Departmental guidance and interpretive memoranda that define "sex" narrowly as biological or assigned sex at birth Enforcement exceptions allowing categorical exclusions from participation in federal programs (e.g. schools, sports, housing, corrections) based on gender identity Conflicting state guidance or waivers permitted under 34 CFR Part 106 (Title IX), 28 CFR Parts 35 and 36 (ADA Titles II and III), and relevant DOJ/DOE interpretation letters
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Federal and State Guidance Permitting Gender-Based Exclusion from Facilities and Programs
Please provide a short summary of the justifications for the rescission. *
Rescind recent interpretations and guidance that allow inconsistencies in how federally protected individuals are treated in schools, public spaces, and civil institutions — especially where access is denied based on administrative classification.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, D.C. 20530
Please insert the contact information for the agency. *
Andrew Braniff, Senior Counsel to the Assistant Attorney General, Civil Rights Division, Department of Justice, (202) 514-3831, EMP.Lit@crt.usdoj.gov.
What is the background for the regulation being rescinded? *
Recent legal changes have allowed agencies and states to exclude transgender people from participation based on gender identity — especially in schools, sports, and prisons — despite federal nondiscrimination law. (34 CFR Part 106 (Title IX) 28 CFR Part 35 and 36 (ADA Title II and III))
Explain the reasons for the rescission. *
Rescission will: • Restore uniform application of federal civil rights protections • Prevent agencies or grantees from denying lawful access to public programs • Reinforce the rule of law and public accountability across jurisdictions
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Federal programs, schools, and public services may not restrict access to participation or facilities based on identity-based classifications inconsistent with equal protection standards.
Please insert the name of the current agency head. *
Pamela Bondi
Please insert the title of the agency head. *
Attorney General, US Department of Justice

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