An executive order issued by the President has caused upheaval in the sports world. The order instructs the Department of Education, an agency the President aims to abolish, to take “enforcement actions” under Title IX, a federal law that prohibits sex-based discrimination in educational settings. However, legal experts are skeptical about whether the Trump administration’s interpretation of the law would be upheld in court.
“Trump is expressing his viewpoint on how he interprets Title IX,” mentioned Scott Schneider, a Texas attorney specializing in Title IX cases. “This matter is currently being debated in court, with some judges holding differing opinions from what is outlined in the executive order.”
The Biden administration had recently expanded protections for transgender students through new Title IX regulations, but these were overturned by a federal judge. Now, President Trump intends to utilize the law to target schools with inclusive policies for transgender individuals.
Under the executive order, every executive branch agency is assigned the task of reviewing educational grants and withholding funding from programs that fail to comply with the order. Additionally, the order requires the Departments of Homeland Security and State to oversee transgender participation in athletics. They are mandated to prevent transgender women from entering the country to compete in sports events.
Homeland Security Secretary Kristi Noem will be responsible for rejecting visa applications from transgender female athletes, as announced by Trump. This move could impact events like the 2028 Summer Olympics in Los Angeles. Secretary of State Marco Rubio will also engage with Olympic organizers regarding transgender policies, aligning with the International Olympic Committee’s stance of allowing sports governing bodies to set rules on transgender inclusion.
During his campaign, Trump had voiced opposition to transgender athletes in women’s sports, presenting the executive order as a fulfillment of that promise. The President commemorated the order’s signing in the White House’s East Room, surrounded by lawmakers and children in sports attire. This order is one of the initial actions taken by Trump’s administration targeting transgender individuals.
Legal and civil rights experts have raised doubts about Trump’s authority to swiftly and unilaterally enforce such extensive restrictions at the federal level. To legally prevent transgender students from participating in school sports, Congress might need to amend Title IX, or the Education Department may need to establish new regulations.
Schneider emphasized that the question of transgender student-athletes’ rights to play on their chosen teams remains unresolved in the courts. Therefore, he believes the President’s announcement may not have significant implications until there are court decisions or legal changes.
Although some states already have regulations in place to limit transgender athletes’ involvement in school sports, others offer explicit protections for them. Lambda Legal senior attorney Carl Charles mentioned their success in challenging similar bans at the state level and expressed skepticism regarding the effectiveness of a national ban.
The president and other Republicans have been exaggerating the participation of transgender youth in sports, despite them making up only 1.4% of American teenagers. A study in 2017 found that about one in 10 trans boys and trans girls play sports. The GOP-controlled U.S. House of Representatives passed a bill recently that aligns with Trump’s goals. Trump’s campaign in 2024 often focused on curbing civil rights for transgender people, which then became a point of contention for some Democrats after his victory. This recent executive order follows President Joe Biden’s efforts to protect queer and transgender students from harassment and educational barriers. Biden’s administration faced conservative opposition when trying to rewrite Title IX for increased protections. Just before Trump’s term began, a federal judge nullified Biden’s changes, which had temporarily broadened the definition of sexual misconduct in schools to include gender identity. The impact of Trump’s executive order on transgender women in sports is a topic discussed in an article on USA TODAY.
