What is the role of Title IX and trans athletes?
What is the role of Title IX in all of this?
Title IX is a federal civil rights law that prohibits sex-based discrimination in educational programs and activities that receive federal funding, including school-based athletics. Title IX has been interpreted into three policy areas within athletics: equal financial assistance and allocation, equal resource distribution (including facilities and equipment), and equal athletic opportunities that accommodate for the interests and ability of both sexes. Girls and women are the historically underrepresented sex, so the enforcement of Title IX aims to increase their participation within athletics by providing equal money, resources, and opportunities.
Whether or not Title IX also encompasses gender identity has been a heavily debated issue. As of February 2025, President Donald Trump signed Executive Order 14201, "Keeping Men Out of Women's Sports”. This order directed federal agencies to interpret Title IX in a manner that would restrict participation on girl’s teams within school athletics to be based on sex assigned at birth. However, an executive order is not a law. Former Presidents Obama and Biden implemented federal guidance and executive orders, respectively, to guide the interpretation of Title IX in manners that protected transgender students. Neither of their actions were laws either. As a result of the contradictory federal directives and interpretations of Title IX, there is no unified policy on transgender participation in school-based sports.
Two cases were recently heard at the Supreme Court regarding transgender exclusionary policies in sports and the role of Title IX. For more information on these cases, read this blog. On June 30th, 2026, the Supreme Court ruled that state actors, including public K-12 schools and colleges, can exclude transgender women from participating on women’s athletic teams without violating Title IX and the Equal Protection Clause. This ruling applies only within the realm of athletics that are governed by state actors (for instance: public, K-12 and secondary educational settings). For more information on what a state actor is, see this article.
Minnesota has sued the Trump Administration over Executive Order 14201. However, a federal judge dismissed all but one of Minnesota’s claims in August 2026. The remaining claim has yet to be resolved. Additionally, the U.S. Department of Justice sued the Minnesota Department of Education and the Minnesota State High School League for their transgender inclusive policies, claiming Title IX violations. The motion was heard September 28th, 2026 and no ruling has been released yet.
As of October 2026, there is no federal legislation or court order that mandates transgender exclusion from sports. However, any state legislation that excludes transgender athletes is permitted under Title IX. Additionally, President Trump has threatened to cut federal funding to states that are not complying with Executive Order 14201. The NCAA updated their transgender participation policy to comply with the executive order.
Written by JD Dumbrowsky
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