Trump Orders Ban on Transgender Female Athletes: What’s Next?
What is in the Executive Order?
Donald Trump, the President, has issued an executive order that aims to "restore biological truth to the federal government" and "keep men out of women’s sports." The order empowers the federal government to take aggressive steps to penalize entities that "deprive women and girls of fair athletic opportunities."
The threshold for noncompliance is any entity that denies "female students an equal opportunity to participate in sports and athletic events by requiring them, in the women’s category, to compete with or against or to appear unclothed before males."
Determining "Sex" vs. "Gender" and How Will That Affect Title IX?
Every administration has the authority to issue its own interpretations of the landmark legislation, best known for ensuring gender equity in athletics and preventing sexual harassment on campuses. The push-pull of recent presidencies’ views on Title IX has created a whiplash effect.
Joe Biden signed an executive order on his first day in office that interpreted sex as "gender identity" under Title IX, a move that protected transgender athletes from being discriminated against if they wanted to participate in a sport that aligned with their gender identity, not their sex assigned at birth. However, it took more than three years for Title IX regulations saying that to be finalized, and when they were, they lacked specifics and were put on hold by courts.
Trump’s order explicitly states that sex means the "immutable biological classification as either male or female." "Sex" is not a synonym for and does not include the concept of "gender identity." The order adds that "sexes are not changeable and are grounded in fundamental and incontrovertible reality."
How Many Transgender Athletes Will Be Affected?
The number is hard to pin down. The NCAA, for example, does not track data on transgender athletes among the 544,000 currently competing on 19,000 teams at various levels across the country. A 2019 survey of high school students by the Gay, Lesbian and Straight Education Network (GLSEN) noted just 5% of respondents said they participated in a sport that aligned with their gender identity. A 2022 report by the Williams Institute estimated about 300,000 high school-age students (ages 13-17) identified as transgender. How many of those young people participate in sports is unknown, but it is likely a tiny fraction.
Does the Order Have Actual Teeth?
The reach of Title IX extends far beyond the participation of transgender athletes. Noncompliance is believed to be widespread. The Women’s Sports Foundation noted in a 2022 report that there were still "gross gender inequities" across all college divisions and that there was "cause for concern about widespread Title IX noncompliance in high school and college and university athletic programs" even before the COVID-19 pandemic made women’s sports even more vulnerable.
How Will This Work at the State Level?
About half the states have already enacted legislation that effectively bars transgender athletes from competing in the category that aligns with their gender identity. The AP reported in 2021 that in many cases, states introducing a ban on transgender athletes could not cite instances where their participation was an issue.
How Will This Affect College Sports?
The NCAA Board of Governors moved quickly, amending its transgender participation policy to limit competition in women’s sports to athletes assigned female at birth. The NCAA has more than 500,000 athletes competing for some 1,100 schools.
What About the Olympics?
The order calls for the office of the secretary of state to use "all appropriate and available measures" in hopes of having the International Olympic Committee come up with a uniform transgender policy. The organization has passed the buck for years, deferring to the international federations for each sport.
Conclusion
The order’s implications will likely be far-reaching, with potential consequences for transgender athletes, women’s sports, and the broader sports community. As the debate surrounding the order continues, it remains to be seen how the courts will rule on its constitutionality and what the long-term effects will be on the lives of transgender athletes.
Frequently Asked Questions
- What does the order mean for transgender athletes?
- The order requires transgender athletes to compete in the category that aligns with their sex assigned at birth, not their gender identity.
- How will this affect women’s sports?
- The order could potentially lead to a decline in participation and opportunities for women in sports, as well as a lack of diversity and inclusion.
- What about the NCAA and other sports organizations?
- The NCAA has already amended its transgender participation policy, and other sports organizations may follow suit.
- What about the Olympics?
- The order calls for a uniform transgender policy from the International Olympic Committee, which could have significant implications for transgender athletes competing in the Olympics.
