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Running Into Hurdles

The debate over whether to allow transgender female student-athletes in women’s competition is taking center stage around the country

Pat Eaton-Robb/AP Images

Terry Miller (right) and Andraya Yearwood (left), two transgender female sprinters, compete in a high school track competition in Connecticut in 2019. 

April 19, 2021
By Joe Bubar

Lindsay Hecox, 20, fell in love with running track and cross-country in high school. As a sophomore at Boise State University in Idaho last fall, she dreamed of trying out for the women’s teams.

But to do so, she first had to score a victory off the track. Hecox is transgender, and last spring, Idaho became the first state to pass a law banning transgender female athletes from competing in women’s sports. Idaho lawmakers argued that women who are transgender have an unfair advantage over women who are cisgender (people whose gender identity matches the sex that they were assigned at birth).*

Hecox and a Boise high school athlete sued the state of Idaho, saying the law is discriminatory. And in August, a federal judge put the law on hold while the suit is pending. The ruling wasn’t final, but it provided a temporary win for Hecox and other transgender athletes.

“I feel a major sense of relief,” Hecox says. “I’m a girl, and the right team for me is the girls’ team. It’s time courts recognize that.”

The case in Idaho is part of a growing national debate over how—if at all—schools should regulate transgender athletes. Last month, Mississippi became the second state to ban transgender female athletes from women’s sports. And lawmakers in more than two dozen other states have introduced similar legislation.

Lindsay Hecox, 20, fell in love with running track and cross-country in high school. As a sophomore at Boise State University in Idaho last fall, she dreamed of trying out for the women’s teams.

But to do so, she first had to score a victory off the track. Hecox is transgender. Last spring, Idaho became the first state to pass a law banning transgender female athletes from competing in women’s sports. Idaho lawmakers argued that women who are transgender have an unfair advantage over women who are cisgender (people whose gender identity matches the sex that they were assigned at birth).*

Hecox and a Boise high school athlete sued the state of Idaho, saying the law is discriminatory. And in August, a federal judge put the law on hold while the suit is pending. The ruling wasn’t final, but it provided a temporary win for Hecox and other transgender athletes.

“I feel a major sense of relief,” Hecox says. “I’m a girl, and the right team for me is the girls’ team. It’s time courts recognize that.”

The case in Idaho is part of a growing national debate whether schools should regulate transgender athletes. There is also disagreement about how any potential regulations would be put in place. Last month, Mississippi became the second state to ban transgender female athletes from women’s sports. And lawmakers in more than two dozen other states have introduced similar legislation.

Differing State Rules

Jake King/Idaho Press

Lindsay Hecox sued the state of Idaho for its law barring transgender athletes. 

The National Collegiate Athletic Association (N.C.A.A.) has its own guidelines on transgender athletes, which have to do with testosterone levels. Testosterone, a hormone that helps build muscle mass, is present at higher levels in most adult men than in most adult women. To qualify for competition, the N.C.A.A. mandates that transgender women complete 12 months of hormone therapy to suppress testosterone as part of their gender transition before competing. (The Olympics also allows transgender women to compete against other women if they suppress their testosterone.)

Under those guidelines, Hecox, who began hormone replacement therapy in 2019, would qualify to compete on the women’s team at Boise State. But the new law in Idaho, if the courts uphold it, would supersede the N.C.A.A.’s regulations in that state.

Although Idaho and Mississippi are the first states to pass laws barring transgender female athletes from women’s sports, many states’ high school athletics associations have their own rules. In some states, such as Arkansas and Indiana, students must compete against others with the same sex listed on their birth certificates. Other states, such as Missouri and Ohio, have rules similar to the N.C.A.A.’s, requiring hormone intervention for transgender athletes. And in 16 states and Washington, D.C., students can participate in sports based on their gender identity without restrictions, according to Transathlete.com, which tracks these policies.

One reason school officials haven’t been able to reach a consensus is that the scientific research on whether it’s possible to achieve athletic fairness through hormone therapy is limited. Even if more research is made available, many transgender rights advocates argue that students shouldn’t have to alter their bodies just to play sports.

The National Collegiate Athletic Association (N.C.A.A.) has its own guidelines on transgender athletes. Its rules center on testosterone levels. Testosterone is a hormone that helps build muscle mass. It’s present at higher levels in most adult men than in most adult women. To qualify for competition, the N.C.A.A. mandates that transgender women complete 12 months of hormone therapy to suppress testosterone as part of their gender transition before competing. The Olympics also allows transgender women to compete against other women if they suppress their testosterone.

Hecox began hormone replacement therapy in 2019. Under those guidelines, she would qualify to compete on the women’s team at Boise State. But the new law in Idaho would override the N.C.A.A.’s regulations in that state. That’s if the courts uphold it.

Many states’ high school athletics associations have their own rules. In some states, such as Arkansas and Indiana, students must compete against others with the same sex listed on their birth certificates. Other states, such as Missouri and Ohio, have rules similar to the N.C.A.A.’s, requiring hormone intervention for transgender athletes. And in 16 states and Washington, D.C., students can participate in sports based on their gender identity without restrictions, according to Transathlete.com, which tracks these policies.

School officials haven’t been able to agree. The limited scientific research on whether it’s possible to achieve athletic fairness through hormone therapy is one sticking point. Even if more research is made available, many transgender rights advocates argue that students shouldn’t have to alter their bodies just to play sports.

The Debate Over Title IX

At the center of a lot of these disputes is Title IX, the federal law prohibiting sex discrimination in public schools, including in athletics. The passage of Title IX in 1972 led to a growth of women’s sports teams. However, there are disagreements over whether the term “sex” in the law applies to gender identity.

That debate is playing out in Connecticut, where a group of cisgender female high school athletes has sued the state’s athletic conference over its policy of allowing transgender athletes to compete in women’s sports without restrictions.

They argue that the policy violates Title IX, because it gives transgender athletes an unfair advantage, thus denying cisgender female athletes awards, medals, and scholarships.

“It’s sad to see that all our training just goes to waste,” says Alanna Smith, one of the plaintiffs in the case.

But the athletics conference and L.G.B.T.Q. rights advocates argue that Title IX protects transgender athletes because it protects all public school girls from discrimination—and that includes transgender girls.

“So many young trans people face exclusion at school and in athletics and it contributes to the horrible pain and discrimination that my community faces,” says Terry Miller, one of two transgender sprinters mentioned in the lawsuit. “The more we are told that we don’t belong and should be ashamed of who we are, the fewer opportunities we have to participate in sports at all.”

At the center of a lot of these disputes is Title IX, the federal law prohibiting sex discrimination in public schools. The law extends to public school athletics. The passage of Title IX in 1972 led to a growth of women’s sports teams. But there are disagreements over whether the term “sex” in the law applies to gender identity.

That debate is playing out in Connecticut. There, a group of cisgender female high school athletes has sued the state’s athletic conference over its policy of allowing transgender athletes to compete in women’s sports without restrictions.

They say that the policy violates Title IX because it gives transgender athletes an unfair advantage. They argue that the advantage denies cisgender female athletes awards, medals, and scholarships.

“It’s sad to see that all our training just goes to waste,” says Alanna Smith, one of the plaintiffs in the case.

But the athletics conference and L.G.B.T.Q. rights advocates argue that Title IX protects transgender athletes. They point to the fact that the law protects all public school girls from discrimination, which includes transgender girls.

“So many young trans people face exclusion at school and in athletics, and it contributes to the horrible pain and discrimination that my community faces,” says Terry Miller, one of two transgender sprinters mentioned in the lawsuit. “The more we are told that we don’t belong and should be ashamed of who we are, the fewer opportunities we have to participate in sports at all.”

How does Title IX apply to transgender student-athletes?

The debate over transgender athletes recently reached Congress. The House of Representatives in February passed the Equality Act, which would ban discrimination on the basis of sexual orientation or gender identity in workplaces, schools, and other public accommodations. It would also make clear that “sex” in Title IX includes gender identity. But even if the bill passes a closely divided Senate and is signed by President Biden, who supports it, it could face legal challenges. The Supreme Court recently indicated support for transgender rights (see “A Legal Victory," below), but it’s unclear how it would rule in a case regarding sports.

As for Hecox, she tried out for the Boise State track and cross-country teams last fall, after the court put the Idaho law on hold. She didn’t make the cut but plans to try again next year.

“We don’t want to have any advantage,” she says. “All I want to do is run, have a team, have friends on the team, and all try together. There’s no vindictiveness here of me trying to take away a girl’s scholarship or trophy or places.”

The debate over transgender athletes recently reached Congress. The House of Representatives in February passed the Equality Act. The law would ban discrimination on the basis of sexual orientation or gender identity in workplaces, schools, and other public places.

It would also make clear that “sex” in Title IX includes gender identity. The bill might pass a closely divided Senate and get signed by President Biden, who supports it. Even then, it could face legal challenges. The Supreme Court recently showed support for transgender rights (see “A Legal Victory," below). Still, how the Court would rule in a case involving sports remains unclear.

The court put the Idaho law on hold last fall. Afterward, Hecox tried out for the Boise State track and cross-country teams. She didn’t make the cut but plans to try again next year.

“We don’t want to have any advantage,” she says. “All I want to do is run, have a team, have friends on the team, and all try together. There’s no vindictiveness here of me trying to take away a girl’s scholarship or trophy or places.”

*The laws in Idaho and Mississippi don’t affect transgender men, as fewer concerns have been raised about them having an unfair advantage over cisgender men in sports.

*The laws in Idaho and Mississippi don’t affect transgender men, as fewer concerns have been raised about them having an unfair advantage over cisgender men in sports.

With reporting by Talya Minsberg, Adam Liptak, Gillian R. Brassil, and Jeré Longman of The New York Times.

With reporting by Talya Minsberg, Adam Liptak, Gillian R. Brassil, and Jeré Longman of The New York Times.

A Legal Victory

What will a recent Supreme Court ruling about L.G.B.T.Q. rights mean for transgender athletes?

Last June, the U.S. Supreme Court ruled 6-3 that the Civil Rights Act of 1964, which prohibits sex discrimination, protects gay and transgender workers from workplace discrimination. It was the biggest Supreme Court case for L.G.B.T.Q. rights since it ruled in favor of same-sex marriage in 2015. And it could have broad ramifications, including in athletics.

Much like the debates over Title IX and transgender athletes, the Court’s decision came down to whether the word “sex” in the Civil Rights Act applies to gay and transgender people.

Justice Neil Gorsuch, appointed by President Trump in 2017, wrote the majority opinion for the Court, and he said it does. “It is impossible,” he wrote, “to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

The Supreme Court limited its decision to the workplace, however, and didn’t address how its ruling should affect sports or other hot-topic issues, such as restrooms. But many people think the ruling could set a precedent for future cases to follow.

Says Suzanne B. Goldberg, a law professor at Columbia University: “This is a simple and profound victory for L.G.B.T. civil rights.”

Last June, the U.S. Supreme Court ruled 6-3 that the Civil Rights Act of 1964, which prohibits sex discrimination, protects gay and transgender workers from workplace discrimination. It was the biggest Supreme Court case for L.G.B.T.Q. rights since it ruled in favor of same-sex marriage in 2015. And it could have broad ramifications, including in athletics.

Much like the debates over Title IX and transgender athletes, the Court’s decision came down to whether the word “sex” in the Civil Rights Act applies to gay and transgender people.

Justice Neil Gorsuch, appointed by President Trump in 2017, wrote the majority opinion for the Court, and he said it does. “It is impossible,” he wrote, “to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

The Supreme Court limited its decision to the workplace, however, and didn’t address how its ruling should affect sports or other hot-topic issues, such as restrooms. But many people think the ruling could set a precedent for future cases to follow.

Says Suzanne B. Goldberg, a law professor at Columbia University: “This is a simple and profound victory for L.G.B.T. civil rights.”

Continue the Learning Journey

  • Analyze the arguments presented in the article. At the top of a sheet of paper write the question: “Should transgender female athletes be permitted to compete in women’s sports?” Then, draw a line down the middle of the sheet of paper. At the top of one side, write “Yes,” and at the top of the other side, write “No.” Then write down the arguments stated in the article on either side. Next to each argument, write the paragraph number from which the argument came from. 
  • Watch this video about the history and importance of Title IX. Write a brief response about how the landmark legislation has changed public schools and universities. What have you noticed in your own life that might have been affected by Title IX?

Continue the Learning Journey

  • Analyze the arguments presented in the article. At the top of a sheet of paper write the question: “Should transgender female athletes be permitted to compete in women’s sports?” Then, draw a line down the middle of the sheet of paper. At the top of one side, write “Yes,” and at the top of the other side, write “No.” Then write down the arguments stated in the article on either side. Next to each argument, write the paragraph number from which the argument came from. 
  • Watch this video about the history and importance of Title IX. Write a brief response about how the landmark legislation has changed public schools and universities. What have you noticed in your own life that might have been affected by Title IX?
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