One of President-elect Donald Trump’s key talking points during his campaign was the future of transgender athletes. He revisited this topic frequently in the run-up to the election, suggesting at rallies that a primary goal of his second term would be to “keep men out of women’s sports.” This issue, which impacts a small number of competitors, became a significant wedge topic, with millions spent on related advertising.
According to the AP VoteCast survey of over 120,000 voters nationwide, more than half of voters and a substantial majority of Trump supporters believe that support for transgender rights in government and society has gone too far.
What specific actions Trump will take upon assuming office on January 20 remain uncertain, as his transition team has not provided detailed plans. However, Trump has indicated that this process would be “easy.”
In some respects, it might indeed be straightforward. In others, the situation might be quite complex.
What did Trump say during the campaign?
Trump made several statements that seemed to frame the discussion around transgender rights, particularly regarding trans athletes, as a means to attract broader attention and support. His language on gender identity has been criticized by LGBTQ+ advocates as harmful and misleading. For instance, he inaccurately referred to two Olympic female boxers as men, claiming their participation in the Paris Games was “demeaning to women,” despite both athletes being assigned female at birth and identifying as women.
As Election Day drew nearer, Trump intensified his rhetoric. At a rally in Madison Square Garden in October, he declared: “We will get … transgender insanity the sex out of our schools, and we will keep men out of women’s sports.”
What are the presidential powers in this area?
Trump has pledged to cut federal funding on his first day for “any school pushing critical race theory, transgender insanity, and other inappropriate racial, sexual or political content on our children.” The most immediate effect of his policies would likely relate to how his administration interprets Title IX, the federal law known for promoting gender equity in sports and combating sexual harassment on campuses.
Every administration can issue its own interpretations of Title IX. The actions of the previous two administrations provide insight into the ongoing debate. During Trump’s first term, Education Secretary Betsy DeVos implemented a 2020 Title IX policy that narrowed the definition of sexual harassment and constrained the investigation of claims. The Biden administration reversed this policy in April, asserting that the rights of LGBTQ+ students would be protected under federal law, while providing enhanced safeguards for campus sexual assault victims. However, it did not directly address the issue of transgender athletes, leading to multiple Republican-led states challenging the new regulations in court.
Trump could change how Title IX sports regulations are perceived and enforced once more. As Doriane Lambelet Coleman, a professor at Duke Law School, notes, “All Trump has to say is, ‘We are going to read the regulation traditionally.’”
What’s the difference between “sex” and “gender,” and how would it affect Title IX?
Under Trump’s initial administration, the government defined “sex” as the gender assigned at birth. The Biden administration chose to interpret “sex” in terms of gender identity under Title IX, which could protect transgender athletes from discrimination based on their gender identity rather than their sex assigned at birth. It is widely anticipated that Trump will revert the definition of sex to reflect the sex assigned at birth.
How many transgender athletes are actively competing?
The exact number is debated. The NCAA does not currently track transgender athletes among the approximately 544,000 athletes across 19,000 teams nationwide. However, NCAA president Charlie Baker testified to Congress that he was aware of fewer than 10 active NCAA athletes who identified as transgender. According to a 2019 GLSEN survey of high school students, only 5% reported participating in a sport that matched their gender identity.
A broader perspective shows that a 2022 Williams Institute report estimated around 300,000 high school-aged students (ages 13-17) identify as transgender. The exact number participating in sports is uncertain, but it is likely a small fraction. Nevertheless, any instance of a transgender athlete competing — or even being believed to be competing — garners significant media attention, such as the cases of Lia Thomas swimming for the University of Pennsylvania and the recent season of the San Jose State volleyball team.
What are the rules at the high school level?
Regulations vary by state. Approximately half of U.S. states have enacted laws effectively prohibiting transgender athletes from competing in accordance with their gender identity. In 2021, the AP reported that many of these states could not provide examples where transgender participation had caused issues. For instance, when Utah lawmakers overrode a veto by Governor Spencer sex in 2022, only one transgender girl was impacted by the ban. The law did not touch upon participation for transgender boys.
“This is a solution looking for a problem,” said Cheryl Cooky, a Purdue University professor studying the intersection of gender, sports, media, and culture.
What about collegiate competition?
In 2010, the NCAA established a policy requiring transgender athletes assigned male at birth to undergo at least one year of testosterone suppression therapy before competing on women’s teams. Those assigned female at birth who transitioned to male are allowed to compete on men’s teams but cannot participate in women’s teams if they have undergone testosterone treatment. Athletes must meet their chosen sport’s standards for testosterone levels at various times throughout the season.
In 2022, the NCAA updated its policy to align with national sports governing bodies (NGBs). If an NGB lacks a trans-athlete policy, the regulations from the relevant international federation apply. In the absence of an international federation policy, Olympic criteria would be followed. The NCAA’s decision to defer to NGBs has resulted in more stringent requirements in some sports, like swimming, where World Aquatics instituted a policy in 2023 allowing only those transgender athletes who can prove they have never experienced male puberty to compete in women’s races.
The rules are clearer in schools affiliated with the National Association of Intercollegiate Athletics (NAIA), which voted unanimously earlier this year to effectively bar transgender athletes from competition.
What about the Olympic level?
The International Olympic Committee has largely left governance to the individual sports’ international federations. This might change with the election of a new IOC president to succeed Thomas Bach, who is retiring. One of the candidates for this position is former track star Sebastian Coe, current head of World Athletics, who has advocated for limiting participation to cisgender women.
What might the future hold?
The immediate future is likely to be tumultuous, with the regulation of transgender athletes resembling the post-Dobbs landscape around abortion access. Democrats are grappling with differing approaches to the issue.
There is potential for a Republican-led Congress to reintroduce the “Protection of Women and Girls in Sports Act,” proposed in 2021 and 2023. The 2023 version, which aimed to prevent individuals assigned male at birth from participating in programs for women and girls, passed the House but did not reach a vote in the Senate.
Though Republicans hold a narrow majority in the Senate and lack the 60-vote threshold needed for passage, the heated debate surrounding transgender athletes could bring the issue to the forefront quickly, particularly as Sarah McBride, a Democrat from Maryland, becomes the first openly transgender member of Congress.
Source: APNews.com
