The Biden Administration’s Interpretations of Title IX would allow transgender student athletes to participate in sports based on their gender identity with consideration for students’ age, level of competition and the individual sport’s status as a contact sport. However, these criteria may also be used by local education agencies and states to limit athletic participation to sex assigned at birth under certain circumstances. Limitations based on gender identity may be targeted if:
- Circumstances are substantially related to the achievement of an important educational objective.
- The institutions minimize harms to students impacted by these policies.
There is little guidance as to how a school would do this, however.
States have tackled the issue in a variety of ways:
Alabama: Bans all male born athletes from participating in female sports
Alaska: No law; leaves eligibility up to the individual schools
Arizona: Bans all male born athletes for participating in female sports; federal judge blocked enforcement.
Arkansas: Bans transgender women from participating in women’s sports
California: Allows transgender athletes to access bathrooms and sports teams associated with their identified gender
Colorado: Requires all transgender students to notify school in writing and an individual assessment
Connecticut: Left up to schools based on individual assessment
Delaware: Allows students to participate based on gender identity If (1) updated birth certificate, passport, or driver’s license that recognized the student’s identity; or (2) a physician certifies that a student has begun a medical transition. Each school makes an individual assessment which can be challenged if there are equity concerns.
Florida: Participation determined by sex on original birth certificate at birth. Females banned from participation in male activities and males are banned from participation in female activities.
Georgia: Allows participation based on sex on birth certificate. Allows females to participate in male sports when no female equivalent offered.
Hawaii: No laws
Idaho: Law prohibits individuals who were males at birth from participating in female athletics
Illinois: Student must notify school and provide medical documentation. IHSA then convenes a group, including medical personnel, that issues a ruling
Indiana: Illegal for males at birth to participate in female athletics
Iowa: Illegal for males at birth to participate in female athletics
Kansas: Illegal for males at birth to participate in female athletics
Kentucky: Illegal for males at birth to participate in female athletics– applies public and private schools
Louisiana: Illegal for males at birth to participate in female athletics– applies to all public and some private schools
Maine: Students can compete in line with their gender identity if they notify school which requests a hearing with gender equity panel which will allow participate as long as there is no unfair advantage based on medical documentation
Maryland: Students should be allowed to participate in sports based on gender identity– each case determined on a individual basis
Massachusetts: Allows transgender participation
Michigan : Allows transgender boys to participate in boys sports without restriction; transgender girls’ participation determined on a case-by-case basis
Minnesota: Allows transgender participation
Mississippi: Illegal for males at birth to compete in female athletics
Missouri: Illegal for males at birth to compete in female athletics
Montana: Illegal for males at birth to compete in female athletics
Nebraska: Transgender students can compete if they have been transitioning for a year as long as the do not have an advantage over female born students
Nevada: Schools make the determination
New Hampshire: Allows transgender student to compete based on their gender identity
New Jersey: Allows for people to either participate in athletics via sex assigned at birth or gender identity, but not both
New Mexico: Eligibility is determined by birth certificate, original or amended
New York: Allows transgender student to compete after notification given to school; appeals are allowed
North Carolina: Eligibility is determined by sex at birth.
North Dakota: Illegal for transgender athletes to compete consistent with gender identity
Ohio: Ability to compete consistent with gender identity is based on hormone therapy and medical effects of said on each individual athlete
Oklahoma: Illegal for transgender athletes to compete consistent with gender identity
Oregon: Allowed to participate, no medical or other documentation, no appeals
Pennsylvania: Decided by school principals (one district has opted to require students to participate by their gender at birth)
Rhode Island: Allowed to participate — must notify the school and the decision is made by the principal after consulting a board made up of of people including medical professionals
South Carolina: Illegal for transgender athletes to compete consistent with gender identity
South Dakota: Illegal for transgender athletes to compete consistent with gender identity
Tennessee: Illegal for transgender athletes to compete consistent with gender identity, sex determined. by original birth certificate
Texas: Illegal for transgender athletes to compete consistent with gender identity, sex determined by original birth certificate
Utah: Commission to decide on a case-by-case basis
Vermont: Allowed to participate — must notify the school
Virginia: Decided by a Panel on a case-by-case basis
Washington (State): Allowed, no medical or legal requirements; if denied, student may appeal
Washington D.C.: Allowed, no medical or legal requirements; if denied, student may appeal
West Virginia: Illegal, athletes that were male at birth are not allowed to participate in women’s sports
Wisconsin: Illegal, athletes that were male at birth are not allowed to participate in women’s sports
Wyoming: Illegal for transgender women in grades 7-12 from competing consistent with their gender identity; may appeal to an eligibility board
