U.S. President Donald Trump has signed an executive order banning transgender women from participating in women’s sports. Trump said institutions that disobey the order will be denied federal funding. It follows similar moves by global sporting organisations including World Aquatics and World Athletics.
Context
In 2021, the International Olympic Committee (IOC) published guidelines allowing individual sporting organisations to make their own decisions regarding athletes’ eligibility.
This has led to several global governing bodies, including swimming and netball, banning almost all trans women from elite competition. These organisations say going through male puberty gives trans women athletes an unfair advantage over cisgender athletes.
The order
Trump’s executive order is based on his interpretation of Title IX, a law preventing sex-based discrimination in publicly-funded schools. It will mean any education institution will risk losing federal funding if they allow trans women to compete in women’s events.
Executive orders are the U.S. President’s main power, and do not require Congressional approval. This order follows a previous declaration signed on his first day in office requiring the federal government to define sex as either male or female. Trump said the order meant “the war on women’s sports is over.”
Last year, previous Presidentsought to amend Title IX to protect LGBTQ students from discrimination based on their gender identity or sexual orientation. Biden’s proposed changes to Title IX were overruled by a federal judge last month.
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Republicans have voiced their support for the executive order, including Congresswoman Nancy Mace, who said it “restores fairness… and defends the rights of female athletes”. Mace has previously sought to ban trans women from women’s bathrooms in the U.S. Capitol.
White House Press Secretary Karoline Leavitt told reporters: “This is a wildly popular position with the American people”.
Criticism
LGBTQIA+ advocacy group GLAAD said the order was “inaccurate and incoherent… but does not change the law or the facts.”
LGBTQIA+ sport organisation Athlete Ally told The Athletic: “Trans youth already experience higher rates of violence, suicidal thoughts and insecurity in housing than their cisgender peers. This… will only serve to exacerbate these issues.”
What’s next?
It’s not yet clear how the order will be enforced. The state of California’s school sporting body has said it will not comply with the order because trans athletes can participate in sport under state law.
Executive orders can be legally challenged in the federal court.
