At least 19 states have passed laws or adopted rules that either bar or limit participation in sports by transgender athletes.
For the purposes of the debate in sports, it has mostly to do with transgender girls or women who went through puberty without hormone treatment and continue to have male hormones in their bodies. This leads to what critics say is a sizable performance gap and unfair competition, even though research on this topic is often in dispute and still taking shape.
Most of the 19 states that have put restrictions on transgender athletes tend to vote conservative. Some governors have vetoed bills passed by Republican-controlled legislatures, arguing the laws are unfair to transgender females, will leave states and their school districts vulnerable to lawsuits, and that no problem actually exists. Indiana and Utah are among the states that have overridden their governor's vetoes.
The flip side? A lawsuit filed in Florida argues that the state’s ban on transgender athletes participating in girls sports violates Title IX.Earlier this year, the NCAA said it would set aside its old policy — which was consistent across all sports in requiring transgender athletes to undergo hormone therapy — and adhere to the rules set by each sport's national governing body.
The law's landmark clause — “No person shall, on the basis of sex” — is subject to different interpretation than it was in 1972. In 2022, the question essentially boils down to whether it includes gender identity. Under President Joe Biden, the Education Department made clear that it does.
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