Sport Is for Everyone: A Legal Roadmap for Transgender Participation in Sport

Abstract

Sport is a vehicle for social change and should be leveraged as such in 2021 and beyond to address matters of equality. In recent years, the public has paid greater attention to transgender athletes participating in sport at all levels—high school, collegiate, professional, and Olympic—despite the fact that transgender athletes have been competing in sports for decades. Backlash has arisen in general but also more specifically in response to several recent Supreme Court cases that have both solidified and extended rights of lesbian, gay, bisexual, transgender, and other gender and sexual minorities. In turn, state laws that seek to limit the rights of transgender students to participate in sports have been drafted around the country. To be sure, these laws are often built on erroneous data, a misunderstanding of facts, and ignorance, but their existence continues to fuel the public debate on whether transgender athletes should be allowed to participate based on their gender identity or their sex as determined at birth.