How California keeps transgender student athletes on the court as bans unfold across the country
Shiwali Patel, the National Women’s Law Center’s senior director of safe and inclusive schools, called bans on trans athletes “attempts to weaponize civil rights law to justify discrimination against an already vulnerable group of students.”
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The National Women’s Law Center filed a motion to join Gaines v. NCAA as a defendant, but was denied by the court on Nov. 1. The center argued in its motion that “while Plaintiffs purport to speak on behalf of all women, they do not represent the interests of women who are transgender and want to continue participating in NCAA sports, nor the cisgender women who want to continue participating with them.”
The National Women’s Law Center has advocated for gender equity in sports since its founding in 1972, the year Title IX was enacted. “We know that trans inclusive school policies around sports are essential to fulfill Title IX’s broad promise of protecting well-being and education opportunities for all women and girls,” Patel said.
If the plaintiffs prevail at the district court, Patel said the case will go to an appellate court. Because the Biden administration has not enacted a proposed Title IX policy for transgender athletes, uncertainty remains within the courts, Patel said. “But what we do know is that the circuit courts that have heard this issue, have come out in favor of trans student athletes,” she said.
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“On the other hand, where states include and support trans students, more girls are playing sports,” Patel said.
