During his campaign, Donald Trump vowed to remove what he called “transgender insanity” from schools and to preserve the integrity of women’s sports by keeping males out. As he began his second term as president, Trump took swift action on these matters by signing executive orders. One such order emphasized “restoring biological truth to the federal government,” while another, titled “Keeping Men Out of Women’s Sports,” granted federal agencies broad authority to impose sanctions on organizations that fail to offer women and girls equitable athletic opportunities. “The war on women’s sports is over,” Trump proclaimed.
However, these orders are expected to face significant legal challenges similar to those encountered by previous executive orders targeting transgender individuals. On Wednesday, the Trump administration initiated legal proceedings against Maine for non-compliance with the ban on transgender athletes participating in girls’ and women’s sports.
The new executive order empowers the federal government to take assertive measures against non-compliant organizations, whether they are educational institutions or athletic associations. These entities risk losing federal funding and educational program grants. Non-compliance is defined as any entity forcing female students to compete against or be undressed before males in female categories.
Following the signing, the Department of Education promptly opened investigations into San Jose State University, the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association, all of which faced Title IX violation allegations for letting transgender athletes compete. The Department also referred the case of Maine to the Justice Department.
Each administration interprets Title IX—a landmark legislation ensuring gender equity in sports and combating campus sexual harassment—differently. This ongoing reinterpretation has led to what some describe as a “whiplash effect.” President Joe Biden, on his first day, endorsed the understanding of “sex” as inclusive of gender identity under Title IX, safeguarding transgender athletes from discrimination in alignment with their gender identity. Although Biden’s Title IX modifications were finalized after three years, they were held up in court due to a lack of specific guidelines concerning sports.
Trump’s executive order redefines “sex” as a strictly biological classification, explicitly excluding gender identity. This represents a significant shift in Title IX interpretation, affecting its enforcement.
The impact on transgender athletes is challenging to quantify. The NCAA does not collect data on transgender participants, though there are reportedly fewer than ten transgender athletes in the NCAA. A 2019 survey indicated only 5% of high school students participated in sports aligned with their gender identity. The Williams Institute in 2022 estimated around 300,000 high school students identified as transgender, though the number actively involved in sports remains unclear.
Despite the extensive scope of Title IX, enforcement historically has not led to schools losing federal funding over noncompliance. The Women’s Sports Foundation reported in 2022 ongoing gender inequities in collegiate sports and widespread Title IX noncompliance, even pre-pandemic. Cheryl Cooky, a gender and sports scholar at Purdue University, expressed her dissatisfaction with the focus on transgender issues rather than broader gender inequities in sports.
Trump’s unpredictable leadership style means historical precedents might not play out as expected. At the state level, roughly half of the U.S. states have enacted legislation restricting transgender athletes to compete under their gender identity category. In many of these cases, the states could not demonstrate any existing issues regarding transgender participation.
Several states intend to legally challenge the executive order, with Connecticut Attorney General William Tong denouncing it as “mean-spirited and unlawful.” Tong urged collective resistance against the measure.
The order’s implications for college sports are notable. The NCAA Board of Governors promptly modified its policy, effectively restricting women’s sports competition to biological females. President Trump’s order aims to create a uniform national standard to replace conflicting state laws and court rulings.
In terms of international sports, the Trump administration encourages the International Olympic Committee (IOC) to establish a clear policy on transgender athletes. Historically, the IOC has deferred these decisions to individual sport federations.
Kirsty Coventry, the new IOC president, holds that current science does not support transgender women competing in female categories without compromising fairness. As a former Olympic swimming champion, she maintains the need for equitable opportunities in sports despite the complexities introduced by differing gender policies.