Since 2020, 23 states have passed laws restricting transgender athletes’ ability to participate in school sports in accordance with their gender identity. The laws vary from state to state, creating a patchwork legal landscape for transgender student-athletes wanting to participate in school sports.
In April, the U.S. House of Representatives passed HR 734, a federal bill that mirrored legislation that had already been adopted by nearly half of the U.S. states. The bill declared that it was a “violation of Title IX” to “allow individuals of the male sex to participate in programs or activities that are designated for women or girls.” It further stated that “sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.” HR 734 passed the House on a party-line vote but has not been taken up by the Senate and is unlikely to become law. President Joe Biden has said that he would veto the bill.
The issue has spawned litigation in multiple states, and it is expected that the Supreme Court will eventually hear one of them.
The roots of the legislation can be traced to Idaho. In February 2020, Idaho Rep. Barbara Ehardt introduced HB 500. The bill sought to regulate eligibility for girls and women’s sports at publicly funded schools…
