National Issue Summary
Bans on Trans Youth Participation in Sports
States that exclude trans youth from school athletics.
Since 2020, an increasing number of states have passed legislation that limits the ability of trans youth to engage in public school sports and other educational activities. Although these bills are justified by their supporters as protecting women’s sports, they are clearly driven by religious opprobrium against trans people.
The vast majority of school sports are casual, not competitive, so concerns about fairness are misplaced. Even in states that have had inclusive nondiscrimination laws for more than 20 years, there is no evidence that women’s sports have been undermined because of the inclusion of trans students.
However, it is clear that trans students suffer irreparable harm from these athletics bans. Not only are they denied the learning and growth that participating in team sports provides, they are stigmatized within the school community and excluded from participating in activities with their peers.
Based on both recent U.S. Supreme Court precedent interpreting federal civil rights protections and constitutional protections, it is unlikely that these laws can withstand court scrutiny. But until and unless they are struck down, religious extremists and their lawmaker allies will continue to use this legislation to target vulnerable students.