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Issue explainer

Transgender Athletes in Girls' and Women's Sports

The debate is over whether transgender girls and women, meaning those born male who identify as female, should compete on girls' and women's teams. Texas already requires public school and college teams to be based on biological sex. In June 2026 the Supreme Court ruled that states may draw that line.

The basics

Title IX, a 1972 federal law, bars sex discrimination in schools that get federal money, and its rules have long allowed separate teams for men and women1. In the past six years, 27 states have passed laws limiting female teams to biological females, according to the Supreme Court1.

In April 2023 the U.S. Education Department proposed a rule that would have barred blanket bans on transgender students playing on teams matching their gender identity2. The department withdrew that proposal on December 20, 20242.

The 2024 Republican platform pledged to keep men out of women's sports3. On February 5, 2025, President Trump signed Executive Order 14201, titled Keeping Men Out of Women's Sports, aimed at schools that receive federal funds9. The next day the NCAA limited women's competition to athletes assigned female at birth, while still allowing others to practice with women's teams4.

A bill to write the biological sex standard into federal Title IX law, S. 9, failed a Senate procedural vote 51 to 45 on March 3, 2025, short of the 60 votes needed5.

On June 30, 2026, in West Virginia v. B.P.J. and Little v. Hecox, the Supreme Court ruled that Idaho and West Virginia laws keeping girls' and women's teams for biological females do not violate Title IX or the Constitution's Equal Protection Clause1. Justice Kavanaugh wrote for a 6 to 3 majority. The three other justices agreed on narrower grounds that the Title IX claim failed but dissented on equal protection1. The Court said states and schools may draw this line. It did not require states to adopt such laws, and it expressly left open whether schools may allow transgender girls on girls' teams, a question still in lower courts1.

Key terms

Title IX
The 1972 federal law barring sex discrimination in education programs that receive federal money, including school sports1.
Biological sex
The term the Supreme Court and Texas law use for sex determined at birth by biology. The Court held that sex in Title IX means biological sex1.
Gender identity
A person's internal sense of being male, female or something else, which may differ from sex at birth1.
Equal Protection Clause
Part of the 14th Amendment that limits when governments can treat people differently. The Court held that sex-based sports teams pass this test1.

In Texas

Texas House Bill 25, signed on October 25, 2021, requires public school students to compete in school sports based on biological sex6. It took effect January 18, 2022610.

Senate Bill 15, signed on June 18, 2023, extended the same rule to intercollegiate sports at Texas public colleges and universities, effective September 1, 20237.

House Bill 229, signed on June 20, 2025, sets general definitions of biological sex for Texas state law and government records, effective September 1, 20258.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Let transgender girls and women compete

Supporters say transgender girls are girls and deserve the same chance to play on a team with their friends. They argue blanket bans single out a very small number of students, can lead to invasive questions about any girl's body, and cut kids off from the health and social benefits of sports.

Allow it with eligibility rules

Some supporters of inclusion accept limits in elite or high school competition, such as hormone level rules set sport by sport. They argue this protects fairness where it matters most without banning every transgender student, especially in younger and recreational play.

Let each state or school decide

Others say this is a question for states, school districts and sports bodies rather than Washington. They note the Supreme Court upheld state laws limiting girls' teams without ordering other states to adopt them, and say local communities can weigh fairness and inclusion for themselves.

Teams by biological sex, with open options

Supporters say male puberty gives lasting advantages in speed and strength that hormones do not fully erase, so girls' teams should be for biological females to protect fairness, safety, scholarships and podium spots. Many support open or coed divisions so every student can still play.

A national biological sex standard

Supporters say girls in every state deserve the same protection and that a patchwork of rules is unfair to athletes who compete across state lines. They back writing the biological sex standard into federal Title IX law so it cannot change with each administration.

Who decides

  • U.S. Congress: Could write a national rule into Title IX. A bill to do so failed a Senate vote in March 2025.
  • President and U.S. Education Department: Enforce Title IX and set conditions on federal school funding.
  • U.S. Supreme Court: Ruled in June 2026 that states may limit girls' and women's teams to biological females, without deciding whether schools may choose to include transgender girls.
  • Texas Legislature and Governor: Passed the 2021 K-12 and 2023 college laws that set the rule in Texas.
  • School boards and the UIL: Carry out state law in local school sports programs.

Questions to ask a candidate

  • Should Texas keep its laws requiring school and college teams to be based on biological sex?
  • Should Congress set a single national rule, or leave it to the states?
  • How should schools make sure every student has a way to play sports?
  • How should eligibility be checked without invading students' privacy?

Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.

Sources

  1. West Virginia v. B.P.J., No. 24-43 (opinion, June 30, 2026)Supreme Court of the United States
  2. Education Department withdraws proposed Title IX athletics ruleK-12 Dive
  3. 2024 Republican Party PlatformThe American Presidency Project, UC Santa Barbara
  4. NCAA announces transgender student-athlete participation policy changeNCAA
  5. Roll Call Vote 119th Congress, 1st Session, Vote 100 (cloture on motion to proceed to S. 9)U.S. Senate
  6. Bill history: HB 25, 87th Legislature, 3rd Called SessionTexas Legislature Online
  7. Bill history: SB 15, 88th LegislatureTexas Legislature Online
  8. Bill history: HB 229, 89th LegislatureTexas Legislature Online
  9. Executive Order 14201: Keeping Men Out of Women's SportsCompilation of Presidential Documents (GovInfo)
  10. New Texas law restricts transgender students' participation in school sports (January 18, 2022)Texas Public Radio (The Texas Tribune)