Important Laws and Policies for Transgender Athletes

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. Additionally, the rules governing participation are frequently changing and heavily influenced by the presidential administration in power. For the most up-to-date legal guidance, contact a civil rights attorney near you.

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.

What Does “Transgender Identity” Mean?

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:

• Surgery
• Hormone therapy
• Name change

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.

Executive Order 14201

On February 5, 2025, President Donald Trump issued Executive Order 14201, titled “Keeping Men Out of Women’s Sports.” Among other things, the order directs federal agencies to enforce Title IX by prioritizing actions against educational institutions that allow transgender women and girls to compete in women’s sports.

Executive Order 14201 has direct legal force over:

• Federal agencies (Department of Education, Department of State, etc.)
• Educational institutions receiving federal funding (through Title IX enforcement)
• Federal grant programs and recipients
• Federal immigration and visa policies

Executive orders do not have direct legal authority over private or state professional sports organizations. However, they sometimes create indirect pressure through potential funding connections and diplomatic ties.

For example, EO 14201 specifically directed the Secretary of State to “use all appropriate and available measures” to advocate that the International Olympic Committee (IOC) revise its policies related to transgender athletes.

The IOC is an international body headquartered in Switzerland and is not bound by a U.S. president’s executive order. However, in March 2026, the IOC did issue a new policy for women’s events at the Olympics (discussed in more detail below).

West Virginia v. B.P.J

In June 2026, the U.S. Supreme Court issued a landmark decision in two consolidated cases: West Virginia v. B.P.J. and Little v. Hecox. These cases addressed whether Title IX and the equal protection clause of the Fourteenth Amendment allow schools to maintain women’s and girls’ sports teams based on “biological sex.” The Court’s opinion uses the terms “biological males” and “biological females” to refer to sex assigned at birth.

The case involved state laws in West Virginia and Idaho. Both statutes banned transgender women and girls from competing on women’s sports teams. In their lawsuits, the plaintiffs argued that these bans violated Title IX and the Fourteenth Amendment’s equal protection clause.

Claims of sex-based discrimination under the equal protection clause must pass “intermediate scrutiny.” This means the government (in this case, the states) must prove that the law is substantially related to an important government interest. Title IX prohibits discrimination “on the basis of sex.”

In a 6-3 ruling, the Supreme Court majority ruled that:

• The term “sex” in Title IX refers to biological sex assigned at birth, not gender identity.
• Separating sports teams based on sex is reasonable because of “inherent” physiological differences between boys and girls
• Excluding transgender women and girls (those assigned male at birth) from female sports teams does not violate the equal protection clause.

This applies to all transgender students assigned male at birth, including those who have taken puberty blockers or hormones.

Following this decision:

• Public K-12 schools and colleges may exclude transgender women and girls from female sports teams
• Schools are not required to make individualized assessments of transgender athletes‘ physical capabilities
• The 27 states with restrictive laws had their laws upheld as constitutional
• Other states and schools may implement such restrictions

The Court stated this decision addresses sports participation specifically, and does not resolve Title IX‘s application to other contexts, such as:

• Bathrooms/locker rooms
• Names and pronouns
• Harassment protections

Trans Athletes in Professional Sports

The rules for professional transgender athletes depend on the sport and the organization overseeing it.

The Olympics

In March 2026, the IOC issued a new policy limiting Olympic participation in women’s sports to “biological females.” The policy, titled “Policy on the Protection of the Female (Women’s) Category in Olympic Sport,” replaced the IOC’s 2021 framework that allowed individual sports to set their own criteria.

Under this policy, athletes must screen negative for the SRY gene to be eligible for women’s Olympic events. The SRY gene is typically found on the Y chromosome and initiates male sex development.

This is a one-time screening test. Athletes who screen negative for the SRY gene will be eligible to compete in the female category. Athletes who have the SRY gene may still be eligible to compete in the female category in limited cases involving specific rare medical conditions.

The policy does not create new eligibility rules for the male category. Athletes who are not eligible for the female category may still compete in:

• The male category (where available)
• Open categories (where available)
• Any other classifications for which they qualify

This policy applies to all Olympic sports, both individual and team competitions, starting with the 2028 Los Angeles Olympics.

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, World Rugby allows transgender men who have transitioned pre- or post-puberty to play men’s rugby if certain conditions are met:

• Documented medical confirmation of sufficient physical ability
• In some cases, a Therapeutic Use Exemption (TUE)

These aren’t required of World Rugby’s cisgender male participants.

In the World Rugby league, transgender men can also play mixed-gender non-contact rugby. However, transgender men who have transitioned cannot play women’s rugby, even if they have a TUE. 

USA Rugby changed its policy on transgender athletes in February 2026. The organization now has three categories for competition:

• Men’s Division
• Women’s Division
• Open Division

Transgender athletes may only compete in the Open Division of USA Rugby.

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 if they:

• Declare their gender identity as female
• Show testosterone levels below a specified limit for at least 12 months before competition
• Maintain specified testosterone levels throughout competition
• Maintain their gender identity for at least four years before tournaments

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.

Different professional sports organizations have adopted different approaches based on their assessment of competitive fairness, safety, and inclusion. Athletes should check with the specific governing body for their sport to understand current eligibility requirements.

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 that affect 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 has varied with presidential administrations and court interpretations.

In 2020, the Supreme Court ruled in Bostock v. Clayton County that sex discrimination under Title VII (which applies to employment) includes discrimination based on sexual orientation and gender identity. The Biden administration argued this reasoning should also apply to Title IX.

The DOE issued regulations in 2024 extending Title IX protections to transgender students. However, a federal court judge struck down these regulations in January 2025.

Following the decision in West Virginia v. B.P.J., Title IX‘s broader application to transgender students outside of sports remains subject to ongoing legal challenges and varying interpretations. Student-athletes facing discrimination should consult with an attorney about their specific situation and jurisdiction.

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 prior to the Supreme Court’s 2026 decision.

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. However, it’s important to keep in mind that this decision came before the Supreme Court’s ruling in West Virginia v. B.P.J. (discussed above). Legal challenges to restrictive state laws based on equal protection arguments now face a much higher bar.

State Law

State laws on transgender athletes vary significantly. Some states have enacted restrictions, while others allow schools or athletic associations to set their own policies. The Supreme Court’s decision in West Virginia v. B.P.J. affirmed that states can restrict transgender women and girls from competing on women’s and girls’ sports teams.

As of July 2026, 27 states have enacted laws restricting transgender women and girls from participating on women’s and girls’ sports teams. These laws typically:

• Define eligibility based on sex assigned at birth
• Require verification of sex through birth certificates or other documentation
• Apply to public schools and sometimes public colleges

For example, Idaho’s 2020 Fairness in Women’s Sports Act restricts participation on female sports teams at public schools and colleges to those assigned female at birth.

West Virginia’s Save Women’s Sports Act, the law at issue in West Virginia v. B.P.J., restricts participation in women’s sports to those assigned female at birth. The law states that only “biological females” can participate in women’s sports at all public interscholastic, intercollegiate, intramural, or club sports teams at the secondary or postsecondary level. That law was upheld by the U.S. Supreme Court.

Other states have taken the opposite approach. For example, California’s 2013 School Success and Opportunity Act 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.

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 February 2025. This policy states:

• Any athlete, regardless of sex assigned at birth or gender identity, may compete on NCAA men’s teams
• Athletes assigned male at birth cannot compete on NCAA women’s teams
• Athletes assigned female at birth who use testosterone as part of gender-affirming hormone therapy cannot compete on NCAA women’s teams

Further, the policy states that athletes assigned male at birth cannot compete on women’s teams, even with an amended birth certificate or other forms of ID. They also are not eligible for women’s scholarships. 

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. The rules governing transgender athlete participation vary significantly depending on:

• Level of competition: K-12, college, professional, Olympic
• Location: State laws differ for K-12 and public college athletes
• Sport: Different sports governing bodies have different policies
• Category: Policies typically distinguish between male/open categories and female categories

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.

Get Legal Help With Transgender Athlete Rules

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.Further