In Oregon, the debate surrounding the participation of transgender athletes in girls’ high school sports has escalated with the filing of a lawsuit last month alleging violations of Title IX, according to the America First Policy Institute. Three female athletes and their families filed a federal lawsuit against the Oregon Department of Education (ODE), the Oregon School Activities Association (OSAA), Gov Tina Kotek, and school districts in Forest Grove, Newberg, and Portland.
The lawsuit claims that the state’s policies, which allow transgender female athletes to compete in girls’ sports based on their consistently asserted gender identity, violate Title IX, a federal law prohibiting sex-based discrimination in education. Plaintiffs argue that these policies disadvantage biological females, leading to lost competitive opportunities, advancement to higher levels of competition, and the ability to secure scholarships. One specific instance cited is the case of a transgender athlete from McDaniel High School who won multiple races and set records in track and field, according to The Portland Tribune.
Further complicating matters, two athletes involved in the lawsuit, Alexa Anderson and Reese Eckard, were reportedly removed from a podium at a state championship event after expressing disagreement with a transgender athlete’s inclusion in girls’ sports. Their lawsuit against OSAA alleges violations of their First Amendment rights to free speech, according to the Washington Times.
The national picture
The lawsuit in Oregon is indeed part of a broader, ongoing national debate regarding the participation of transgender athletes in sports, particularly transgender girls and women in girls’ and women’s sports categories. For example, the Justice Department filed a Title IX lawsuit against California last month over the same issue, ABC News reported. This debate encompasses legal, social, and ethical considerations, resulting in a patchwork of state laws and policies, legal challenges, and discussions regarding the interpretation of federal laws, such as Title IX.
State Laws: As of July 3, more than 20 states have enacted laws or regulations restricting or banning transgender students from participating in sports that align with their gender identity. These laws vary in scope and applicability, affecting K-12 and college athletics.
Title IX, a federal law prohibiting sex-based discrimination in education, is central to the debate. Opponents of transgender inclusion argue that allowing transgender women to compete in girls’ sports violates Title IX by creating an unfair competitive environment for cisgender girls. For example, the University of Pennsylvania modified three school records in July set by transgender swimmer Lia Thomas and said it would apologize to female athletes “disadvantaged” by her participation on the women’s swimming team, part of a resolution of a federal civil rights case against the school. Supporters argue that Title IX, especially after the Supreme Court’s ruling in Bostock v Clayton County, prohibits discrimination based on gender identity, and should therefore protect transgender athletes’ right to participate in sports consistent with their gender identity.
Legal Challenges and Court Decisions: The state bans have faced numerous legal challenges. These challenges often claim violations of the Equal Protection Clause of the 14th Amendment, Title IX, or both. Courts have reached varying conclusions when reviewing these cases, and some state bans have been temporarily or permanently blocked by federal courts.
Supreme Court Involvement: The US Supreme Court has agreed to hear two cases, Little v Hecox (challenging Idaho’s ban) and West Virginia v B.P.J. (challenging West Virginia’s ban), indicating the issue’s national significance and the Court’s willingness to address the legality of these state restrictions.
Arguments for and against transgender inclusion
Fairness and Biological Advantage: Opponents of transgender inclusion in girls’ and women’s sports often cite potential biological advantages that transgender women may have due to male puberty, which they argue could compromise fair competition.
Inclusion and Discrimination: Supporters emphasize the importance of inclusion and argue that excluding transgender athletes is discriminatory. They also highlight the mental and physical health benefits of sports participation for transgender youth.
Hormone Therapy: The effects of hormone therapy on athletic performance in transgender women are a key point of discussion. Some research suggests that while hormone therapy may not completely eliminate potential advantages, it can reduce them. However, more research is needed to fully understand the impact of hormone therapy and establish clear, evidence-based standards.
Impact on athletes and stakeholders
Transgender Athletes: Transgender athletes and their families have reported experiencing bullying, discrimination, and negative impacts on their mental and physical well-being due to these policies and the surrounding debate.
Cisgender Athletes: Cisgender female athletes have also voiced concerns about the fairness of competition and the potential for reduced opportunities in their sports.
Sports Organizations and Policymakers: Sports organizations like the NCAA and IOC have grappled with developing inclusive and fair policies, often facing conflicting pressures from different stakeholders according to The New York Times. Policymakers are working to address the broader societal implications of transgender athlete inclusion and develop policies that balance inclusivity and fairness.
The Oregon lawsuit, like other similar legal actions across the nation, underscores the complexities of this issue and the ongoing efforts to navigate the legal and social challenges associated with transgender athletes’ participation in sports.