Abstract
The visibility of transgender athletes in elite sport recently prompted concern surrounding the potential competitive advantages for transgender women who underwent through male puberty before transitioning. In the United States, several states passed legislation banning transgender women from high school and/or college sport for the purpose of removing this advantage and keeping sport equitable for cisgender women. While these laws seek to protect women’s sports, does the exclusion of transgender athletes from sports connected to their chosen gender identity lead to another form of sex discrimination? This paper addresses the legality of transgender participation bans and related lawsuits. As these legislative changes and the lawsuits challenging them are on-going, this paper presents a snapshot and assessment of these policies in the United States in 2021, whether they are likely to withstand challenge under the current legal system, and how sport organizations may respond when the law is not clear.
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