Transgender policies struggle to balance fairness with inclusion in women’s college sports

With two executive orders related to school sports, President Donald Trump recently tried to settle the growing legal conflict over the right of transgender students to participate in school sports.

That conflict, which the Biden administration tried to address and is now taking place in states, lower federal courts and the Department of Education, will reach the U.S. Supreme Court in its upcoming term.

Supporters of transgender athlete participation argue that gender is a social construct, shaped by societal norms and cultural beliefs more so than by biology. They say that people should have the right to self-identify. And they argue that there is no significant threat to fairness, safety or opportunity in student sports.

Opponents say that sex and gender identity are distinct from each other. They argue that including biologically born male athletes in women’s sports subverts fairness and threatens the impact of Title IX in women’s sports.

As a professor of sport management with a law degree, I believe the progress in equity, access and participation made by women in sport since the passage of Title IX is at risk if U.S. institutions and legislators depart from the federal law’s original intent: to ensure equal opportunities for women in education settings.

Inclusion versus fairness

Women’s sports are experiencing unprecedented success. In 2024, the NCAA women’s basketball championship final drew a larger TV audience than the men’s final for the first time ever. Sponsorship deals for women’s pro sports have witnessed double-digit growth year over year the past two athletic seasons.

The 2023-2024 academic year saw 235,735 student-athletes participate in NCAA women’s sports. That’s a record high.

When Congress passed Title IX in 1972, the goal was simple: make sure women have the same educational opportunities as men in school, including in sports programs.

For decades, it worked. Thousands of new teams and opportunities for women emerged, and participation skyrocketed. Before 1972, only about 30,000 women had participated in college sports. Today, 220,000 female athletes compete in NCAA sports.

But while Title IX was expanding access for women athletes in schools, the boundaries of women’s sports were being tested in professional leagues.

In 1977, Renée Richards, a transgender tennis player, successfully challenged the United States Tennis Association’s eligibility rules and was allowed to compete in women’s tennis after undergoing sex reassignment surgery.

She played in the 1977 women’s U.S. Open and competed on the women’s professional tour, where she played for four more years before retiring.

Richards was hailed as a pioneer for transgender athletes. But her perspective has shifted over time. In February 2025, Richards said: “I believe that having gone through male puberty disqualifies transgender women from the female category in sports.”

Richards’ perspective underscores the tension between the inclusion of transgender people and maintaining fairness in competition and opportunities for women – a tension that remains at the center of legal debates today.

Court challenges

Courts across the country are now confronting a new wave of challenges to policies on transgender athlete participation from K-12 through college.

In 2021, Becky Pepper-Jackson, a transgender girl, sued the West Virginia Board of Education in federal court over the state’s “Save Women’s Sports Act,” which requires that sport participation in schools must be based on biological sex at birth. Pepper-Jackson argued that the act violated Title IX and the equal protection clause of the Fourteenth Amendment that requires states to treat people in similar situations equally.

A lower court struck down West Virginia’s law as unconstitutional, and in July 2025, the Supreme Court agreed to hear the case.

In 2024, several college athletes filed a lawsuit against the NCAA and participating universities. The suit claims the organization violated the athletes’ Title IX rights by allowing transgender swimmer Lia Thomas at the University of Pennsylvania to compete at the national championships in 2022. The plaintiffs argued that competing against athletes who had undergone male puberty created unfair conditions in women’s sports.

The suit has not been resolved. But in April 2025, the Department of Education concluded that the University of Pennsylvania violated Title IX by allowing Thomas to swim on the women’s team during the 2021-2022 season. As part of a resolution agreement with the Education Department, the university was required to restore to female athletes all individual Division I swimming records broken by biologically born male athletes competing in women’s categories. Per the agreement, the university also issued an apology to the affected athletes and adopted biology-based eligibility standards.

These collegiate cases form part of a larger picture. From high school track meets to NCAA championships, the participation of transgender women in female sports has, in the opinion of some, altered outcomes, raised safety concerns and challenged the principle of fair play.

Studies show that males have strength and size advantages over women. Those differences translate to advantages in sport, even after hormone suppression. To introduce competitive disadvantages in women’s sport threatens the premise of Title IX: to provide women with equal opportunity.

As these court cases unfold, their resolutions will help define standards for transgender participation in women’s sports across educational levels. They underscore the ongoing challenge for institutions and governing bodies to balance inclusion, competitive fairness and compliance with Title IX.

This article is republished from The Conversation, a nonprofit, independent news organization bringing you facts and trustworthy analysis to help you make sense of our complex world. It was written by: Amanda Siegrist, Coastal Carolina University

Read more:

• Trans people affirmed their gender without medical help in medieval Europe − history shows how identity transcends medicine and law
• Anti-LGBTQ+ policies harm the health of not only LGBTQ+ people, but all Americans
• Antagonism to transgender rights is tied to the authoritarian desire for social conformity – not just partisan affiliation

Amanda Siegrist does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.