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

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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.

Women’s sports are experiencing unprecedented........

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