Now more than ever it all starts with great internet. Wow supports cspan is a Public Service along with these other Television Providers giving your pharmacy to democracy. Former collegiate swimmer riley gaines and others testified before House Oversight subcommittee on proposed changes to the definition of sexual discrimination that would include gender identity. This is about three hours. [inaudible conversations] the hearing on subcommittee on health care and Financial Services will come to order. Welcome everyone it without objection that you may declare a recess at any time. I mechanize myself for the purpose of making an opening statement. Wait. One second. Oh, were missing a witness. We are missing a witness. [inaudible conversations] [inaudible conversations] im sorry about that. I recognize myself for the purpose of making an opening statement. Quite simply, men do not belong in womens sports. Let me say it one more time. Men do not belong in womens sports. The simple fact is that, that this needs to be said out loud is really kind of a sad reflection of where the other side is on this issue. There should be no debate about this. However, we are here today because the Biden Administratin is choosing to ignore the truth, and i might add, the science. The truth is that by allowing biological males to compete in womens sports is fundamentally unfair. It is also unsafe. Scientific evidence, and i will say that again, Scientific Evidence affirms that biological males and females have unchangeable physiological differences, attributed to their sex. Some of these differences benefit male athletes are for example, males typically have greater muscle mass, long muscle mass, lung capacity and bone density than females. All of these characteristics give males a competitive advantage over females. This is why women should compete against women, and men should not compete against them. That iss what title ix was designed to protect, by allowing biological males to compete in womens sports we are placing our daughters in danger every time they step on to the field. This hearing is about protecting women, period, thats it. Im standing up for the rights of women, children, my daughter, your daughter, our granddaughters. Im frustrated as they continue to that female athletes who are injured by biological males compete in womens sports. I am a mother. I have two daughters, and any parent will tell you that the most sacrednt responsibility iso protect their children, and thats what im trying to do, and thats with this hearing is about. Thats why today is about protecting our daughters, our nieces and a granddaughters. Its time for us to get off the sideline in actually stand up for them. Unfortunately, the Biden Administration has shown that its putting leftist policy before women and girls. In a fraudulent effort to be inclusive, the Biden Administration is sacrificing the quality. Instead of defending the hardfought protections that title ix secured. Think of how long we fought for title ix, for equality for women. The Biden Administration has proposed two rules that would drastically alter title ix. The Biden Administration proposed rule redefines sex to include gender identity, and expands titleti ix protections o biological males. Protections that we created and implemented for women and girls. If the Biden Administration is successful it will mean that more women will lose out on academic and athletic opportunities that shouldve been afforded to them under title ix. Again, the whole reason we put together title ix. Last year we celebrated the 50th anniversary of title minds in accurate. For the last 50 years weve seen title ix success in securing equality for women across the country we cannot allow this administration to dismantle the rights and protections that women fought so hard to achieve. We must protect women and girls and i encourage my colleagues on both sides of the aisle to stay centered on this issue throughout the hearing. To our panel, thank you, thank you, thank you, for being here today before the subcommittee. Im looking forward to having, dividing this very important discussion with you. And i now recognize the Ranking Member, ms. Lee, for your opening statement. Ms. Lee. Thank you, madam chair. Its disappointing me that although the title of this hearing implies a muchneeded discussion will likely going to be forced to listen to transphobic bigotry. Because actually protecting female athletes in title ix is important. Participating in sports provides so many benefits to our young people. Those benefits range from improve mental and physical to enrich life skills such as teamwork and goal setting. In terms of Mental Health, youth sports as those with low rates of anxiety andat depression to lower amounts off stress, higher selfesteem and confidence and reduce risks of suicide. So what are my republican colleagues working so hard to prevent our trains view from children according to the Human Rights Campaign in just the first 143 days of 2020, elected officials across the nation introduced more than 520 and t lgbt i paid bills and state legislature with three states banned trenches from the disparity in School Sports consistent with the gender identity with some loss focusing on kids as young as kindergarten. How competitive is kindergarten . You all are working so hard at excluding and demonizing a bunch of kids. I think its important that we raise theer voices of transgendered athletes, their families and team its been i would like to read a few of their stories written in the first person. The first from cc, professional track athlete model and advocate. I was a former d two National Chip in and a 400 m hurdles. I amth not a professional athlee training to make it on the team usa and represents the end the following olympics to come. Sports is give me a plethora things but mainly sports has given me strength, taught how to overcome fear in stand up when defeated. E sports is given the collaborative skills that was developed throughout the jeers of being an athlete and having teammates. Sports top had to stay focused and committed along with the necessary skills the sports has taught me and giving the clarity and freedom. Transgendered women and girls, transgender people are not afraid. We do play sports to cheat. We deserve the right as any of the women because thats what we are. There are rules and regulations that define our ability to compete. The narrative that builds on myself and trans kids in thegh community of negative and its dehumanizing. Its as though people to want us to exist in order to change the muted because we do exist and were not going to stop existing we need to stop these antitrans bills. Your dehumanizing and kids are dying. I believe the governor should step up inil smoke trans peoplen all levels to show that we are seen and uprights at a a people just like everybody else. From ember, transgender female High School Softball player. When i was younger i played coed baseball. I loved it. When the teams became singlesex i no longer fit in. I was teased and ostracize those the most difficult part was not feeling like myself so i quit. I came out as trans in seventh grade i wanted to play softball but i still requires trans girls to take hormones for a few before play sport. So waited for three years. During the time i became selfconscious, and comfortable with my body and lost all of my conference. I was diagnosed with depression and excited. I was finally approved to play tron a girls team in the springf my soft to her year of high school. Playing on a girls team has been an incredible experience for me. I had made many friends and improved so much despite starting to live. My teammates treat me like a anyone else on the team. So do my coaches. My team iss part of my family. We are also different and come from different clicks but when were together on the field we are there for each other no matter what. Every kid should be lucky enough to have this experience. From Debbie Jackson a parent of a nonbinary teenager teenager. My child is 15. She doesnt even remember what its like to be viewed as a boy. We affirm to the art at the young age and supported social transition. During that time avery was in coed trampling class at a local gym. The gymnastics classes at the gym were divided by gender and as we begin referring to avery as her daughter avery asked to move into gymnastics. It was a religious step toward being a firm and accepted authentically. To this to some of my favorite photos and videos from the first day of the class when avery march so confidant to the mat with a barely boyish haircut next to a gaggle of articles with the bouncy put majestic avery enthusiastically followed every word of the coach. Trying forward, roles and falling of the balance beam with every step. Literally every step. Avery was a a most gloriously awkward nonathletic reach a height of the witness. I twoco avery is still a a gloriously awkward nonathletic creature who will never win in any athletic endeavor. Our her purchasing a sport ist about winning. Laying sports helps with Mental Health, teaches teamwork and dprovides camaraderie with othes and teaches discipline and goal setting. It open source ofav friendship Connection Committee with others. Thats what much of experience in that gymnastics class and other trans kids deserve to experience all of those benefits. I am so thankful avery didnt have to choose between not participate in sports or being forced to participate as a boy. Forcing a transgendered child to choose between living and authentic life and play a game is cruel. Think about how we feel that your body openly discussed by others have the fairness of your existence of basic rights debat in public for. Thats what you are doing to in the st. Kitts. Please leave our kids alone. They deserve so much better from people and power. I want to thank these people for sharing their stories and reminded us that this is about children and daughters and sons and siblings and friends. These are real people with real experience of the deserve to feel loved and included i was asking in this consent to enter these letters to the committee for Transgender Athletes provided by the National Center for Transgender Equality. Without objection, so ordered. Thank you. Sports are a vital aspect of education that offer support and lessons. Athletics a large and people engage in Healthy Movement and play, learn how to work as a team and form connection. Tried to ask why we sit through this hearing and to the hateful misinformation i am sure is going to come our way, let us not forget that children are at the core ofto this issue. I yield back. Thank you, ms. Lee. I will now recognize our witnesses for today. Ms. Riley gaines is a former collegiate athletes for theof university of kentucky, and now serves as an ambassador for the independent womens voice. Welcome. Ms. Sarah perry is a senior legal fellow in the edwin meese iii center for legal and judicial studies at the Heritage Foundation. She is also a former senior counsel to the assistant secretary for civil rights at the u. S. Department of education. Ms. Kim russell is a former head womens lacrosse coach at heOberlin College, and now servs as an ambassador for the independent womens forum. And finally ms. Goss graves is a president ceo of the National Womens law center. Welcome and thank you again for all being here. Pursuant to the Committee Rule 19 witnesses please stand and raise the right hands. [witnesses were sworn in] let the record show that the witnesses answered in the affirmative. Thank you. You may allll take a seat. So again, i now recognize myself the witnesses, excuse me i now recognize the witnesses for an opening statement. Let me remind the witnesses we have read your written statements and you will have it appear in full inherent record. Please limit or oral statements to five minutes. As reminder please press the button on there michael foot in front of youop so that it is on. Andn as the members can heal. You will begin to speak of the light in front will turn green. After four minutes the light will turn yellow, then the red light will come on, or five minutes is expired and we would ask you to please wrap up. I now recognize ms. Gaines for opening statement. Thank you. After four minutes, the light will turn yellow and then the red light will turn on. Your five minutes are expired and we will ask you to please wrap up. I now recognize ms. Gaines for her opening statement. Thank you. My name is riley gaines and i am asking ambassador brenda womens voices i am here to urge you to protect womens sports and uphold the original intent of title ix. My story is well known. I was a student at the university of kentucky where i was also member of the womens swim team, finishing my collegiate career as an all american, a fivetime s. E. C. Champion, still the s. E. C. Recordholder in the 200 butterfly, make me one of the fastest americans of all time. In march 2020, female swimmers from around the country and i were forced to compete at ncaas against formerly thomas. We watched as this male swim through Womens National title, beating out the most impressive and accomplished female swimmers in the nation including olympians and american record holders. Despite tying with the 200 freestyle, i was denied the trophy because the ncaa claimed it was necessary for thomas to hold the trophy and photos were being taken. It was clear to me, my teammates and my competitors that they had reduced everything we had work our entire lives for, down to a photo op to validate the feelings and the identity of a male. That is not all. In addition to losing out on opportunities to thomas, we also had to share a locker room and change in front of the 64, fully intact naked male. As i have testified previously, we were not forewarned of this arrangement and we were not asked for our consent and we did not give our consent to this exposure and to be exploited. Unfortunately, thomas was not a oneoff. Across the country and in various sports, males are entering womens the competitions, being given spots and womens teams and being granted entry to our locker rooms. There are numerous documented incidences of males not competing in swimming but womens crosscountry, field hockey and other sports at all levels of competition. This issue is incredibly underreported for various reasons but common sense americans know that intuitively, this is not fair to women. Science supports that instinct. Studies consistently show males have a 12 athletic advantage over females. This gap is evident in almost every sport at every level of competition. Yes, hormone therapy can narrow this gap but it cannot close it and studies consistently demonstrate that surgery and testosterone suppression do not suppress to female levels. Take thomas for example. He was mediocre against the men at best, ranking 400 and 500 nationally and in dominating all of the women in the entire country by body lengths in a matter of a year. Not only do women have to worry about losing opportunities and being exploited in locker rooms, allowing men into womens sports puts girls at greater risk of injury. In september of last year, North CarolinaHigh School Volleyball player suffered serious injury after a trans identified male player spiked able to her head, rendering her unconscious. Patent experienced extensive trauma in her head and neck and longterm concussion symptoms. Still to this day, a year and three months later, she is still partially paralyzed on her right side. Vision is impaired. Memory is impaired and she is not playing College Sports like she dreamed of for herself. Just a few weeks ago in massachusetts, a male player on the field hockey womens team injured an opposing player with a shot to the face, sending the female athlete to a hospital with significant facial and dental injuries. Injuries can and do happen when females are playing against other females but allowing them to play womens sports increases the likelihood of the severity of such injuries. That is one of the reasons why, for 50 years, federal title ix regulations have allowed schools to offer separate teams for women and men when the sports or Contact Sports or involve competitive skill. In april 2023, the department of education proposed a rule that would reverse this assumption. Under the proposed rule, womens sports are not just for women. They are for anyone who simply says they are a woman. Unless a particular school can demonstrate to the satisfaction of the department of education and keeping a particular team female meets important educational objectives. The new rule mandates that every school in the country must demonstrate the unfairness of male participation on each specific womens team that they offer undeveloped rules that minimize harm to trans identified athletes. What about the harm to us . Who is working to minimize the harm done to female athletes . Let me be perfectly clear. A school unknowingly allows a male athlete to take a spot on a womens timor allows a male athlete to take a field and womens game is denying the female Student Athletic opportunity and that is sex based discrimination and it violates title ix regardless of what the new regulations might say. It is my sincere hope that members of this committee will take action to stop the Biden Administrations illegal and administrative rewrite of title ix. Of course, there is a place for everyone, regardless of gender identity, regardless of Sexual Orientation. Regardless of race or what sports you play. Unsafe, unfair and discriminatory practices against women must stop. Inclusion cannot be prioritized over safety and fairness and my testimony makes if my testimony mak