Comment on FR Doc # 2026-12861

Woodhull Freedom Foundation is a national organization dedicated to defending and protecting sexual freedom as a fundamental human right. Woodhull protects individuals’ rights across the United States to enjoy sexual dignity, privacy, and consensual sexual expression without societal or governmental interference, coercion, or stigmatization. In carrying out this work, we defend the rights, health, and safety of Transgender, Nonbinary, and Gender Expansive individuals. It is in this capacity that we submit this comment to oppose the Department of Education’s (DOE) proposed rule change published in the Federal Register on June 25, 2026, to rescind the Equity Assistance Center Program regulations. This proposed rule does not explicitly state that rescinding the Program is part of efforts to enforce the White House’s Executive Order 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” However, it is evident in the language in the proposed rule that one result would be to advance the Executive Order’s attempts to make it the United States policy to recognize only two sexes, male and female. If the proposed rule goes into effect, the DOE will rescind regulations from 2016 guiding the administration of Equity Assistance Centers and seek to shutter the program nationwide. In doing so, the DOE specifically challenges the 2016 regulations on sex desegregation that added language to ensure desegregation within schools on the basis of sex included that based on “transgender status; gender identity; sex stereotypes, such as treating a person differently because he or she does not conform to sex-role expectations because he or she is attracted to or is in a relationship with a person of the same sex; and pregnancy and related conditions.” The DOE claims it is necessary to rescind the 2016 regulations because it “restricts the Secretary's authority to provide flexible assistance.” We are deeply disturbed by the methods proposed to rescind regulations on the Equity Assistance Center Program and the justification from the DOE related to changes in the definition of sex desegregation. The DOE claims, “the proposed definition would more accurately reflect the Office for Civil Rights' and the Department's interpretation at that time of Title IX and its regulations.” Far from advancing sex desegregation in schools, the DOE’s proposed rule change represents a grave threat to protecting and advancing gender equality within the education system. This proposed rule rejects advancements in education policy and seeks to reinforce outdated beliefs about sex and gender that recognize only two sexes. This is not only scientifically inaccurate but extremely harmful to the mental and physical well-being of gender diverse individuals. We include here a brief excerpt from our Fact Checked by Woodhull series, which addresses the reality of sex and gender: “Sex and gender are complex and exist on a spectrum, yet society often creates narrow, rigid categories that fail to reflect this diversity. These restrictive categories can cause harm by excluding and shaming anyone who exists outside of these lines, especially transgender and intersex people. Being forced into categories that do not align with identity can cause discrimination and violence in families, healthcare, and social systems. This can have serious long-term emotional and physical consequences for individuals who are outside of these lines. For example, transgender youth reported significantly increased rates of depression, suicidality, and victimization compared to their cisgender peers. These are often accompanied by struggling with belonging in school, family issues, and internalized self-stigma.” It is imperative that DOE and all federal government policies accurately represent the complexities of sex and gender. We include in this comment PDFs of Woodhull publications, which provide accurate language that should be used in public policy related to gender and sex: Sex and Gender Are Not The Same Transgender People Are Not a Threat to Public Safety This proposed rule from DOE threatens human rights and civil protections for millions of people throughout the United States and furthers the cruel attacks against transgender, non-binary, and gender expansive individuals. We also raise alarm at the fact that this is all part of a nationwide assault on trans people that is so dire that the Lemkin Institute for Genocide Prevention and Human Security has warned that policies targeting transgender people in the United States are indicative of the early stages of genocide. We call on DOE to recognize the proposed rule’s inherent harms to civil and human rights and gender equality and reject its implementation. Sincerely, Ricci Joy Levy President & CEO Woodhull Freedom Foundation