Ben Stockman and Jillian Sprong published "Will Trump Order on Transgender Women in Sports Survive?" in Law360. The following is an excerpt:
This article discusses whether the executive order banning transgender women from women's sports will survive legal challenges.
The executive order on "keeping men out of women's sports" interprets Title IX of the Education Amendments of 1972 to prohibit transgender male-to-female persons' participation in women's and girls' sports.
Specifically, the Trump administration takes the position that allowing transgender women to participate in women's sports deprives cisgender women of equal opportunity as required by Title IX.
This executive order comes on the heels of the U.S. District Court for the Eastern District of Kentucky's Jan. 9 decision in Tennessee v. Cardona invalidating a final rule reflecting the Biden administration's interpretation of Title IX to prohibit discrimination based on sexual orientation and gender identity.
The Trump executive order directs the secretary of education to ensure compliance with the federal court's decision and to take "all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms."
In doing so, it prompts the U.S. Department of Education to update Title IX regulations to explicitly prohibit transgender participation in women's sports.
For the full article, click here.