Important Laws and Policies for Transgender Athletes
By Balrina Ahluwalia, Esq. | Legally reviewed by Laura Temme, Esq. | Last reviewed February 05, 2025
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Transgender athletes face complex legal landscapes regarding their participation in sports, influenced by varying laws and policies across jurisdictions, competition levels, and sports types. Professional sports organizations usually follow sport-specific policies, while educational institutions follow association policies as well as state and federal laws, such as Title IX.
The topic of transgender athletes has sparked much debate about fairness and inclusion. The laws and policies addressing trans athletes vary by competition level and sport. And the rules governing participation are frequently changing.
In this article, we explore this legal landscape to better understand the rights and principles involved. But first, let's make sure we understand what it means to be transgender.
Transgender Identity
The term "transgender" or “trans" provides the “T" in LGBTQ or LGBTQ+. It doesn't have one single definition that's used everywhere. But at its core, being transgender is about gender identity.
It refers to someone with a gender identity that's different from the sex they were assigned at birth. For example, someone born male who identifies as female is a transgender woman/girl.
Some transgender people do things to align their life or appearance with their gender identity. This can include:
However, transgender status doesn't depend on these things. It's not about how others perceive someone. Rather, it's about their inner sense of their gender.
Transgender Athletes
The issues surrounding transgender athletes are complex and not without controversy.
Some concerns center around transgender people using locker rooms aligned with their gender identity. We see this issue mainly with transgender youth in the school setting.
Meanwhile, some challenge transgender women's and girls' participation in female sports. They often claim that trans women enjoy physical advantages and that it's unfair to let them compete against cisgender female athletes.
Others challenge these assertions. They argue that sports should be accessible to everyone. And excluding trans athletes from participation is discriminatory. Advocates argue this violates trans athletes' rights.
Against this backdrop, it should come as no surprise that rules addressing trans athletes generally try to balance fairness with inclusivity.
Transgender Athletes' Rights
The rights of transgender athletes to participate on sports teams and use facilities aligned with their gender identity can vary by:
- Jurisdiction
- Level of competition
- Sport
There's no single federal law that explicitly grants or denies these rights. Different states have different laws, and different state associations have different rules.
Similarly, policies affecting trans student-athletes can vary by school or school district. Professional sports, however, are governed differently.
Professional Sports
The rules for professional transgender athletes depend on the sport and the organization overseeing it.
The Olympics
The International Olympic Committee (IOC) has a specific framework for transgender athlete participation. It's called the "IOC Framework on Fairness, Inclusion, and Non-Discrimination on the Basis of Gender Identity and Sex Variations."
The framework says that each sport's governing body determines its own eligibility criteria based on its specific considerations. It provides guidelines for these criteria, stressing the importance of:
- Fairness
- Safety
- Non-discrimination
The guidelines also urge governing bodies to use evidence-based approaches when setting eligibility criteria for trans athletes. They recommend that any restrictions be based on robust scientific evidence of performance advantage.
Other Professional Sports
Professional sports leagues and national governing bodies (NGBs) set their own policies on transgender athletes.
Restrictions on transgender men are rare. For example, USA Rugby and World Rugby place no restrictions on trans men's participation. World Rugby, however, requires trans male athletes to provide:
- Written consent acknowledging the physical risks of competing against cisgender males
- Documented medical confirmation of sufficient physical ability
These aren't required of World Rugby's cisgender male participants.
Conversely, most professional women's sports leagues have established criteria for trans women to compete. These rules typically use things like hormone levels and declarations of gender identity.
For example, the Women's Tennis Association (WTA) allows transgender women to compete. But they must:
- Declare their gender identity as female
- Show testosterone levels below a certain limit for at least 12 months before competition
- Keep acceptable testosterone levels throughout competition
In anticipation of tournaments, trans women competing in the WTA must maintain their gender identity for at least four years.
The Women's National Basketball Association (WNBA) also allows transgender women to compete if they satisfy similar eligibility criteria. Layshia Clarendon, who identifies as nonbinary as well as transgender, was the WNBA's first openly transgender player. Clarendon joined the league in 2013 and retired in 2024.
Transgender Student-Athletes
Several laws govern trans student-athlete participation in K-12 and college sports. One reason for this is that educational programs include athletics. It's well-established that playing sports provides students with mental health and social benefits affecting their well-being.
In this respect, transgender youth are no different.
Sports associations also set rules of competition for transgender high school and college athletes. And school policy typically addresses the subject as well.
Title IX
Title IX is a federal civil rights law enforced by the U.S. Department of Education (DOE). It applies to most public and private schools at all levels. The law prohibits sex-based discrimination in education programs, including sports.
Whether Title IX protection extends to transgender students is a hotly debated subject. The answer turns on the interpretation of Title IX. This has varied with presidential administrations.
The Supreme Court hasn't directly ruled on the matter. But in 2020, it said that sex discrimination under a different federal law includes discrimination based on:
- Sexual orientation
- Gender identity
The Biden administration's DOE acted upon this decision. It said Title IX protects students from discrimination based on sexual orientation and gender identity.
The DOE then issued new regulations, including these protections, in 2024. However, a federal court judge struck them down in January 2025.
As such, Title IX protection for transgender students remains unclear.
House Bill 28
In January 2025, the U.S. House of Representatives passed the Protection of Women and Girls in Sports Act (H.R. 28). The bill bans trans girls and women from participating in women's and girls' school sports. It doesn't address transgender boys and men.
If signed into law, H.R. 28 would affect all public K-12 schools and almost all colleges and universities. However, the law must first pass a vote in the Senate.
The Fourteenth Amendment
The Fourteenth Amendment to the Constitution protects fundamental rights. And its equal protection clause requires equal treatment of people under the law.
Several federal courts have ruled in favor of transgender athletes using Fourteenth Amendment arguments.
For example, Andraya Yearwood attended public high school in Connecticut. She was a transgender girl competing on the girls' track team. The state association's policy permitted trans athletes to compete on teams matching their gender identity, so they let Yearwood compete.
Still, Yearwood faced legal challenges from others. They claimed the policy violated their Fourteenth Amendment rights.
A federal appellate court disagreed. In 2022, it ruled that the policy was consistent with the Fourteenth Amendment.
State Law
Many state legislatures and municipalities have set their own laws and policies addressing transgender student-athletes.
For example, California passed the School Success and Opportunity Act in 2013. It allows transgender student athletes to participate in sports and use facilities consistent with their gender identity. The law applies to K-12 public schools in the state.
On the other hand, Idaho's 2020 Fairness in Women's Sports Act prohibits transgender women and girls from participating on female sports teams at public schools and colleges by:
- Defining sex based on biological characteristics
- Requiring verification of a student's sex through birth certificates or other means
Similarly, West Virginia's 2021 Save Women's Sports Act restricted transgender girls from participating in girls' sports. It applied to the state's public secondary schools and institutions of higher education. But a federal appellate court blocked enforcement of it in 2024.
Other states leave decisions about transgender athletes to schools or sports associations.
Sports Associations
Several sports associations set rules and guidelines for trans athlete participation in member college and high school sports.
NCAA
The National Collegiate Athletic Association (NCAA) is a nonprofit organization that governs student-athletes from member colleges and universities. Over 1,100 public and private schools are in the NCAA.
The NCAA updated its policy addressing transgender student-athletes in 2022.
The new policy aligns with Olympic guidelines. It follows a sport-by-sport approach rather than having a single, uniform rule.
NCAA's policy says that each sport's NGB determines the eligibility of transgender athletes.
Like professional sports leagues, NGB rules for transgender women athletes typically involve:
- Meeting/maintaining specific testosterone levels for specified periods
- Declaring/maintaining gender identity for specified periods
The exact requirements can vary depending on the sport and its governing body's rules.
NAIA
The National Association of Intercollegiate Athletics (NAIA) governs smaller college athletics. Its membership includes about 250 schools.
The NAIA updated its policy on trans athletes in 2024.
The new policy states that only student-athletes whose "biological sex" is female may compete on female sports teams. Those who've begun "masculinizing hormone therapy" also may not compete on NAIA female sports teams. But, they can take part in workouts, practices, and team activities.
State Associations
State associations generally govern high school sports. Their membership includes public schools and private ones that choose to join.
State association policies can vary widely. Some allow transgender athletes to compete based on their gender identity. Others require participation based on the sex assigned at birth.
School Policies
Most school districts and schools also have their own policies addressing transgender student-athletes. They are often influenced by state laws and guidelines.
As a general rule, schools have a legal obligation to follow their own policies.
What Does This Mean for Transgender Athletes?
Trans athletes should understand that the applicable rules are complex and evolving.
Even laws and policies supporting your athletic pursuits aren't always followed or enforced. And trans athletes often face discrimination and harassment.
Addressing these challenges can be overwhelming.
But you don't have to go it alone.
Organizations like Athlete Ally offer support networks and advocacy tools to help you. You may also want to speak with someone confidentially about your specific situation. In that case, consider talking to a lawyer.
Getting Legal Help
A civil rights attorney well-versed in sports law can help you understand the legal landscape in which you're operating.
Your best course of action may include:
- Pursuing action with or against your sport's NGB or league
- Filing complaints with government agencies and/or schools
- Bringing a private cause of action in the courts
Figuring out how to proceed may seem daunting. But finding a compassionate advocate to assist doesn't have to be.
If you're a professional athlete, you'll want someone licensed in your state. But if you're a student, you'll want someone licensed in the state where your school's located.
Either way, Findlaw's directory of civil rights attorneys can get you started. Just click on your state to view contact information for several local attorneys who can help.
Remember: Your rights are important. A trusted advisor can help you understand and assert them with confidence.
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