By Samantha Campion, Nov. 5, 2024
During the recent 2024 presidential election, voters faced a controversial issue around the participation of transgender athletes, a debate that could impact the future of Title IX and women’s sports.
The conversation around transgender athletes reached national coverage as former president and Republican candidate Donald Trump went on Fox News to address a video that recently surfaced the internet of a San Jose State volleyball player hitting an opponent from San Diego State in the face.
San Jose State women’s volleyball team stands in the crossfire of this debate after co-captain and teammate Brooke Slusser outed the student-athlete, who is transgender, by calling her “a biological male.”
Despite currently competing alongside her teammate this season, Slusser joined women’s sports advocate Riley Gaines in a lawsuit against the National Collegiate Athletic Association.
“When I got the opportunity and got reached out to by Icons to join the lawsuit, I sat in it for a minute and was like I never want anyone else to have to go through what my team is having to go through,” said Slusser in an interview on the Megyn Kelly Show.
The lawsuit claims that the NCAA’s transgender policies violate Title IX, which protects equal opportunity and fairness for women in sports.
Title IX is a federal law introduced in 1972 that ensured men and women had equal opportunity in education and athletics. The laws prohibited discrimination based on sex, and it protects transgender and non-binary students as well.
“Title IX required sports to be available for women, and if there was a men’s sport, there needed to be a women’s sport,” said Carol O’Shea, a Cal Poly Pomona volleyball alumna. “We didn’t have that protection before, so that is the main difference.”
In addition, state laws prohibit the discrimination on the basis of sex, gender identity and sexual orientation, the California Department of Education revealed.
“It’s a difficult issue to navigate, I have friends on the team and hearing negative comments they’re getting is hard to listen to,” said outside hitter Madison Novak. “The truth is that no one has the correct answer, but I encourage those to approach the situation with sympathy for these young women.”
The University of Nevada became the fifth school from the Mountain West Conference to forfeit their match against San Jose State for safety concerns.
Nevada originally intended to play the match as its programs are legally prohibited from forfeiting under the Nevada constitution, which states “equality of rights shall not be denied based on race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.”
However, Nevada Athletics came out with a second statement a few days later, saying the team would not compete in the match against San Jose state due to not having enough players. This came after the student-athletes sent a statement to the university about wanting to forfeit the match.
Slusser said there is a noticeable difference in the amount of strength and power as her teammates often dodge her attacks in practice because they fear being hit in the face.
According to CPP Associate Head Athletic Director Ashley Musick, there are physiological differences between the male and female body due to excess amounts of testosterone, “a hormone that regulates muscle mass development and strength.”
Gaines stands alongside more than a dozen student-athletes advocating to save women’s sports after Leah Thomas became the first transgender athlete in the NCAA to win a Division I title across any sport.
The current NCAA transgender rules is sport specific, but each student-athlete is required to provide documentation regarding testosterone levels at three points throughout the season.
The National Association of Intercollegiate Athletics Council of Presidents became the first organization to announce only biological females at birth are allowed to compete in women’s sports last year.
Title IX was originally constructed to provide equal opportunity to women in sports, but the law has faced scrutiny regarding the inclusion of transgender athletes and may fall to the authority of federal law makers.
In response to the debate, the Biden administration proposed revisions to Title IX regulations by including a new policy that forbids schools from outright banning transgender athletes last year.
The proposal would give the schools the power to enforce restrictions on transgender participation, but it currently stands on hold.
In an interview with Fox News, Trump said that if elected, he would completely ban transgender athletes from competing in women’s sports.
Democratic candidate Kamala Harris said she will follow the law for transgender care and has supported the Equality Act, a bill that protects LGBTQ+ Americans from discrimination.
For the first time in history, the conversation around Title IX and women’s sports could hold a significant weight in this election.
Feature image courtesy of Santiago Mejia
