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Abstract
Transgender inclusion in interscholastic athletics raises controversial issues of equity and competitive advantage. Interscholastic sport, an important part of the educational experience, offers psychological benefits such as resiliency, feelings of connectedness, and positive self-image. Transgender students deserve to receive the same benefits from sport as other students, but face increasing challenges to accessing those benefits. Recent legislation and litigation in the United States changed the complex legal landscape for transgender student-athletes' participation in sport. This paper analyzes transgender student-athletes' rights by identifying relevant federal law, state law, executive orders, court cases, and school and sport governing body rules. Where recent years saw moves towards more inclusive practices, that progress has since halted, and in some cases even regressed. Athletic administrators should create inclusive policies that allow transgender athletes to participate.
Keywords: transgender, student-athlete, anti-discrimination
Introduction
Cunningham et al., (2018) notes that "the sports landscape has and will continue to shift with respect to gender identity and gender expression" (p. 371). As such, state legislatures and sport-governing bodies must continue to explore issues of access and inclusion for transgender athletes (trans). The variability that currently exists within sport policies at the state, national, and international level illustrates a complex system that trans athletes must contend with as their sport careers progress. Some policies facilitate participation while others impede it. Opportunities to participate in sports for trans students "leads to better grades, greater homework completion, higher educational and occupational aspirations, and improved self-esteem" (Lal, 2020, p. 231). Therefore, athletic administrators should advocate for inclusion.
Inclusive policies promote athletic participation by trans students by creating athletic opportunities for trans student-athletes which align with their gender identities. Participation in interscholastic activities is a valuable part of the educational experience for all students (Griffin & Caroll, 2010). Buzuvis (2011) asserts athletic participation by underrepresented populations, including trans individuals, enhances education. Especially, for trans youth who have a higher risk of isolation, truancy, harassment, and suicide (Buzuvis, 2016). Interscholastic sport offers this vulnerable population psychological benefits such as resiliency, feelings of connectedness, and positive self-image (Buzuvis, 2016; see Kosciw et al., 2018; Lal, 2020). Inclusive policies also create a safe environment where all students feel included and valued for who they are (Michel, 2016). As Lucas-Karr and Krane (2011)...