Donald Trump, the candidate, 鈥渢ransgender insanity the hell out of our schools" and "keep men out of women鈥檚 sports."
Donald Trump, the president, wasted little time delivering on his promise to address a topic that seemed to . Trump issued an executive order that called for 鈥渞estoring biological truth to the federal government" and titled 鈥 "
The federal government now has wide latitude across multiple agencies to penalize federally funded entities that 鈥渄eprive women and girls of fair athletic opportunities.鈥
"The war on women鈥檚 sports is over,鈥 Trump declared.
Probably not. Legal challenges like the ones that have met some of the other executive orders are likely.
What is in the executive order?
The biggest takeaway is that the Trump administration has empowered the federal government to take aggressive steps to go after entities 鈥 be they a school or an athletic association 鈥 that do not comply. Federal funding 鈥 and potentially grants to educational programs 鈥 could be pulled.
The threshold for noncompliance: Any entity that denies 鈥渇emale students an equal opportunity to participate in sports and athletic events by requiring them, in the women鈥檚 category, to compete with or against or to appear unclothed before males.鈥
The Education Department announced less than 24 hours after the order's signing that San Jose State University, the University of Pennsylvania and the Massachusetts Interscholastic Athletic Association, all of which have had Title IX violations reported against them for allowing transgender athletes to compete.
Determining 鈥渟ex鈥 vs. 鈥済ender鈥 and how will that affect Title IX?
Every administration has the authority to issue its own interpretations of the landmark legislation best known for its role in ensuring gender equity in athletics and preventing sexual harassment on campuses.
Given the push-pull of how recent presidencies view Title IX, it has created a whiplash effect.
Joe Biden signed an executive order on his first day in office that interpreted sex as 鈥済ender identity" under Title IX, a move that protected transgender athletes from being discriminated against if they wanted to participate in a sport that aligned with their gender identity, not their sex assigned at birth.
Yet it took more than three years for Title IX regulations saying that to be finalized. And when they were, they lacked specifics sports and were put on hold by courts.
Trump's order explicitly states that sex means the 鈥渋mmutable biological classification as either male or female.鈥 鈥楽ex鈥 is not a synonym for and does not include the concept of 鈥済ender identity.鈥 The order adds that 鈥渟exes are not changeable and are grounded in fundamental and incontrovertible reality.鈥
The decision marks a significant shift in the way Title IX is viewed and more explicitly, how it will be enforced.
How many transgender athletes will be affected?
That number is hard to pin down.
The NCAA, for example, does not track data on transgender athletes among the 544,000 currently competing on 19,000 teams at various levels across the country, though NCAA President Charlie Baker that he was aware of fewer than 10 active NCAA athletes who identified as transgender.
A of high school students by the Gay, Lesbian and Straight Education Network (GLSEN) noted just 5% of respondents said they participated in a sport that aligned with their gender identity. A estimated about 300,000 high school-age students (ages 13-17) identified as transgender. How many of those young people participate in sports is unknown, but it is likely .
Does the order have actual teeth?
The reach of Title IX extends far beyond the participation of transgender athletes. Noncompliance is believed to be widespread.
The Women's Sports Foundation that there were still 鈥済ross gender inequities鈥 across all college divisions and that there was 鈥渃ause for concern about widespread Title IX noncompliance in high school and college and university athletic programs鈥 even before the COVID-19 pandemic made women's sports even more vulnerable.
Yet to date no school at any level has had its federal funding rescinded for not meeting Title IX standards that require institutions to provide women with equal access and treatment, said Cheryl Cooky, a professor at Purdue University who studies the intersection of gender, sports, media and culture. She wondered where all this support for women's sports in general 鈥 and not on this issue specifically 鈥 has been for the last five decades.
鈥淎ll of these other inequalities have existed and now you鈥檙e in a position of power to address those opportunities and this is what you're addressing?鈥 Cooky said. 鈥淭he fact that this is the issue that the administration is concerned about speaks volumes in terms of how we value women in this society and how we value women鈥檚 sports in this society.鈥
Yet given Trump's unpredictable approach to governing, precedent and history might not apply.
How will this work at the state level?
About have already enacted legislation that effectively bars transgender athletes from competing in the category that aligns with their gender identity. The AP reported in 2021 that in many cases, states introducing a ban on transgender athletes where their participation was an issue.
Some states are already planning to challenge the Trump order in court. 小蓝视频icut Attorney General William Tong 鈥渕ean spirited and unlawful鈥 and called for those opposed to the order to 鈥渟tand together and fight back.鈥
What also remains unclear is whether a federal agency can go after specific organizations 鈥 like state high school sports associations 鈥 that do not receive money directly from the federal government.
How will this affect college sports?
The NCAA Board of Governors moved quickly, to limit competition in women's sports to athletes assigned female at birth. The NCAA has more than 500,000 athletes competing for some 1,100 schools.
鈥淲e strongly believe that clear, consistent, and uniform eligibility standards would best serve today鈥檚 student-athletes instead of a patchwork of conflicting state laws and court decisions,鈥 Baker said Thursday. "To that end, President Trump鈥檚 order provides a clear, national standard.鈥
The National Association of Intercollegiate Athletics, the governing body for more than 200 small schools across the country, in 2023 to effectively ban transgender athletes from competing in women's sports.
What about the Olympics?
On a move most saw coming once Trump won a second term, his administration still managed to sneak in a curveball.
The order calls for the office of the secretary of state to use 鈥渁ll appropriate and available measures鈥 in hopes of having the International Olympic Committee come up with The organization has passed the buck for years, deferring to the international federations for each sport.
That could change, however, when a new IOC president replaces the retiring Thomas Bach. Several candidates to replace Bach 鈥 notably former track star and current director of World Athletics Seb Coe 鈥 have voiced support for a uniform policy.
The IOC this week said it will "continue to explain and discuss the various topics with the relevant authorities.鈥
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AP Sports Writer Graham Dunbar and Associated Press writer Geoff Mulvihill contributed to this report.
Will Graves, The Associated Press