As Title IX turns 50, it plays a surprise role in transgender athlete access debate
On the spring day when Lia Thomas made history by winning an NCAA swimming championship as a transgender female, protesters gathered outside the arena to do what protesters normally do. Chant. Wave signs. Wear T-shirts with slogans.
"Support fair sports," they yelled.
Thomas, who transitioned in college, was too fast, too strong, too male to race against cisgender women, they insisted. Their complaint was typical of a backlash that has grown louder as transgender female athletes become more common and successful.
Critics have raised all the predictable issues regarding fair play, biology and gender identity. In demanding stricter eligibility rules and separate categories for transgender women, they have latched onto an unexpected justification.
Title IX.
The federal law, which celebrates its 50th anniversary this week, has long been synonymous with inclusion but now must account for a constituency that wasn't part of the conversation in 1972.
The argument goes like this: Every time a transgender woman earns a roster spot or wins a medal, she is denying her cisgender opponents of a federally protected opportunity. More than a dozen states have passed laws banning transgender females from girls' and women's competition through high school and, often, college.
"This legislation is just a way to honor those people who worked hard to get Title IX," said Wendy Schuler, a Wyoming lawmaker and former college basketball player who sponsored legislation in her state. "For 50 years we've had the opportunity to compete as females and I just would hope we continue that fight."
For many women who have struggled to
