Transgender Athletes and Title IX Compliance
DOI:
https://doi.org/10.32674/97c4wm91Keywords:
Title IX, Policy, Intercollegiate Athletics, NCAA, Women, EquityAbstract
This opinion piece examines the complex issue of transgender athletes in college sports, focusing on recent federal policy changes and their implication for Title IX compliance. The article highlights the tension between inclusive policies and concerns about competitive fairness, while noting the lack of data on transgender athlete participation. Anecdotal estimates suggest that the number of transgender athletes in college sports is incredibly small, suggesting that the issue may receive disproportionate attention compared to more widespread challenges in college sports. The article argues that while the debate over transgender participation is significant, it should not overshadow persistent issues such as widespread noncompliance with Title IX standards for women’s athletics. The article calls for a balanced approach that addresses systemic inequities affecting a larger number of student athletes.
References
Alonso, J. (2024, December 9). What San Jose State volleyball teaches us about the debate over trans athletes. InsideHigherEd. https://www.insidehighered.com/news/diversity/sexgender/2024/12/09/volleyball-controversy-highlights-debate-over-trans-athletes
Alvares, L. A. M., Pereira, N. B., Mello, G. P., Reis, G. A. B., Zogheib, L. F. C., Turatti, R. C. B., Pereira, R. M. R., Bonfá, E., Borba, V. V., & Costa-Hong, V. (2022). Cardiopulmonary capacity and muscle strength in transgender women on long-term gender-affirming hormone therapy: A cross-sectional study. British Journal of Sports Medicine, 56(22), 1292-1298. https://doi.org/10.1136/bjsports-2021-105400
Associated Press. (2024, December 24). Donald Trump said he wants to ban trans athletes from competing. The reality is more nuanced. U.S. News. https://www.usnews.com/news/politics/articles/2024-12-18/donald-trump-said-he-wants-to-ban-trans-athletes-from-competing-the-reality-is-more-nuanced
Burns, K. (2024, April 22). This study on trans women’s athletic disadvantages out to change the debate. MSNBC. https://www.msnbc.com/opinion/msnbc-opinion/olympic-trans-women-ioc-study-rcna148437
Creps, R. (2024). A policy paradox: A quantitative analysis of Title IX athletic compliance and sex-conscious admissions (Publication No. 12868) [Doctoral dissertation, Boston College]. ProQuest Dissertations and Theses Global.
Eisenberg, J. (2022, June 22). Counting men as women? Iside the fuzzy math of Title IX compliance. Yahoo!Sports. https://sports.yahoo.com/counting-men-as-women-inside-the-fuzzy-math-of-title-ix-compliance-132707743.html
Executive Order No. 13988, 86 Federal Register 7023 (January 25, 2021). https://www.federalregister.gov/documents/2021/01/25/2021-01761/preventing-and-combating-discrimination-on-the-basis-of-gender-identity-or-sexual-orientation
Hamilton, B., Brown, A., Montagner-Moraes, S., Comeras-Chueca, C., Bush, P. G., Guppy, F. M., & Pitsiladis, Y. P. (2024). Strength, power and aerobic capacity of transgender athletes: a cross-sectional study. British Journal of Sports Medicine, 58(11), 586-597. https://doi.org/10.1136/bjsports-2023-108029
Heather, A. K. (2022). Transwoman Elite Athletes: Their Extra Percentage Relative to Female Physiology. International Journal of Environmental Research and Public Health, 19(15), 9103. https://doi.org/10.3390/ijerph19159103
Houchin, E. (2024, February 7). Protecting female athletes should not be controversial. The Washington Times. https://www.washingtontimes.com/news/2024/feb/7/protecting-female-athletes-should-not-be-controver/
Jones, J. M. (2023, June 12). More say birth gender should dictate sports participation. Gallup. https://news.gallup.com/poll/507023/say-birth-gender-dictate-sports-participation.aspx
Karni, A. (2025, January 14). House passes bill to bar trans athletes from female school sports teams. The New York Times. https://www.nytimes.com/2025/01/14/us/politics/house-trans-athletes.html
Lohn, J. (2022, April 5). A look at the numbers and times: No denying the advantages of Lia Thomas. Swimming World. https://www.swimmingworldmagazine.com/news/a-look-at-the-numbers-and-times-no-denying-the-advantages-of-lia-thomas/
Migdon, B. (2025, January 20). Trump signs executive order recognizing only 2 sexes. The Hill. https://thehill.com/homenews/administration/5097278-trump-executive-order-gender-transition/
National Women’s Law Center (2023, December 6). Once and for all: This is why we support trans women and girls in sports. National Women’s Law Center. https://nwlc.org/once-and-for-all-this-is-why-we-support-trans-women-and-girls-in-sports/
Russo, R. D. (2025, January 14). NCAA president says legal clarity needed on transgender athlete participation. The Athletic. https://www.nytimes.com/athletic/6062855/2025/01/14/ncaa-transgender-athlete-policy-charlie-baker/
Skinner, A. (2023, April 21). How many transgender athletes play women’s sports? Newsweek. https://www.newsweek.com/how-many-transgender-athletes-play-womens-sports-1796006
U.S. Department of Education. (1972). Title IX of the Education Amendments of 1972. https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html
U.S. Department of Education. (2023). User’s guide for the equity in athletics disclosure act web-based data collection. https://surveys.ope.ed.gov/athletics2023/wwwroot/documents/2023_EADA_Users_Guide.pdf
Weisman, D. L. (Fall 2022). Transgender athletes, fair competition, and public policy. Regulation. https://www.cato.org/regulation/fall-2022/transgender-athletes-fair-competition-public-policy
Wolfe, E., Yu, A., & Taguchi, E. (2024, May 12). A college athletics association banned transgender women from women’s sports. Now all eyes are on the NCAA. CNN. https://edition.cnn.com/2024/05/12/sport/naia-ncaa-transgender-ban-sports/index.html
Yanus, A. B., & O’Connor, K. (2016). To comply or not to comply: Evaluating compliance with title IX of the educational amendments of 1972. Journal of Women, Politics & Policy, 37(3), 341-358. https://doi.org/10.1080/1554477X.2016.1188601
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Higher Education Politics and Economics
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Unless otherwise noted, copyrights for the texts which comprise all issues of Higher Education Politics & Economics (HEPE) are held by the Journal. The compilation as a whole is Copyright © by HEPE, all rights reserved. Items published by HEPE may be freely shared among individuals, but they may NOT be republished in any medium without express written consent from the author(s) and advance notification of the HEPE editorial board. For permission to reprint articles published in the Journal, please contact the Editors-in-Chief.
