John Law (18:47)
Alright, that is it for what the right and left are saying. Which brings us to my take. Reminder. This is Tangle editor Will K. Back and I wrote today's take. One quick note before we dive in. For simplicity's sake, I'm going to refer to the debate about transgender women and girls participating in female sports as just trans women in women's sports. I won't say trans women and girls in women and girls sports every time, but that phrase should be understood to encompass both. And I'll distinguish between women's and girls sports when necessary. In the context of my writing, when Tangle has covered transgender topics in the past, Executive Editor Isaac Saul has grounded his take in an idea I think is worth repeating here. We should approach this topic with humility and resist the urge to draw black and white conclusions. Unfortunately, the debate about transports is a prime example of how people on either side of polarizing issues tend to assume the worst intent of differing opinions. For those who oppose measures like medical treatment for transgender minors or trans women's participation in women's sports, these beliefs are often framed as common sense, while the other side is seen as pushing a subversive worldview. Conversely, supporters of these measures view them as a moral defense of a vulnerable group in our society, while the other side is motivated by bigotry. Trump's order has brought this dynamic back to the fore. Before I weigh in on the order itself, I want to describe what it does and the authority that it's based on. Now, the White House frames the order as a ban on trans women in women's sports, but the action itself is actually narrower, making Title IX funding contingent on whether a school allows trans women to compete on its women's sports teams. The Trump administration justifies this order based on its interpretation of Title IX, the 1972 law that prohibits sex based discrimination in any educational program or activity that receives federal funding. Recent presidential administrations have interpreted the law in different ways, with the Obama administration advising that Title IX protects LGBT students from sex discrimination, the first Trump administration changing standards for sexual harassment and assault cases, and the Biden administration proposing rules to prohibit discrimination based on sexual orientation or gender identity, rules that were later struck down towards the end of Biden's term. Now, the second Trump administration's view holds that allowing trans women to participate in women's sports violates the law's requirement of equal athletic opportunity for members of both sexes. End quote. Now, legal challenges are certain to come, and we may see the Supreme Court weigh in on this issue in this term, but the popular interpretation of this order is already pretty clear. This action could be the most popular thing Trump has ever done. Recent polls from the New York Times, Gallup and NORC found that a sizable majority of Americans think athletes should only be allowed to compete on sports teams that match their biological sexual including a majority of Democrats. Most people agree that inherent differences between the sexes create unavoidable issues with how trans women can compete fairly. Virtually all sports have some boundaries for participants. Age groups, weight classes, equipment guidelines that seek to promote competition on the basis of effort and skill, while natural advantages also come into play. One of my favorite examples is the NBA's Victor Wembanyama. We accept those individual differences within divisions. However, we have very little tolerance for intercategory differences those between competitors across those divisions. For instance, sports leagues don't allow 25 year olds to play on middle school teams or for any athletes to take steroids. The average person who goes through puberty as a male will similarly have categorical advantages in athletic performance over a female who goes through puberty and even though hormone treatments can negate many of those differences, some traits like bone structure, heart size, lung capacity, and even just having grown up competing against boys remain. The idea of post puberty males competing with post puberty females feels improper. That viewpoint isn't rooted in bigotry. It's rooted in a sense of fairness. In recent years, some trans women who went through male puberty have achieved notable successes in high level athletics. In 2019, CeCe Telfer became the first openly transgender woman to win an NCAA track and field title. In 2019, J.C. cooper won the women's national championship for bench press in the super heavyweight division. And perhaps the example that's most familiar to people in this debate is lia Thomas in 2022 winning an NCAA championship in the 500 yard freestyle swimming. In these cases and others, inter category physical traits, again, differences that exist between divisions, not within them, almost certainly gave these athletes an advantage in high stakes competitions. However, I don't think these individual cases justify the scope of Trump's order, which calls for a blanket ban on all trans women and girls competing in women's and girls sports. For one, the evidence that this is a pressing issue that requires a sweeping solution is scant. At the collegiate level, NCAA President Charlie Baker recently told Congress that there were, quote, less than 10 transgender athletes in the NCAA out of roughly 510,000. We don't know how many trans girls compete in high school sports, but it's fair to assume that it's a small fraction of the total participants as well. A 2022 study from UCLA's Williams Institute estimated that 300,000 US teens aged 13 to 17 identify as transgender, and put that in the context of the over 8 million students participating in high school sports in the 2023-2024 school year. Of course, a fraction of those 300,000 transgender teens identify as trans girls, and another fraction of those will participate in sports. And their participation in sports is spread out across many different sports. Banning all of these teenagers from competing in sports with no consideration of factors like puberty blockers or hormone treatments feels at odds with fair competition. That viewpoint isn't rooted in extreme gender ideology. It's rooted in a sense of fairness. So what about this situation necessitates federal action? The White House's fact sheet on the order makes one attempt to establish the data on this issue, referencing a figure that female athletes have lost, quote, nearly 900 medals to men competing against them in women's sporting categories, end quote. This stat appears to come from a 2024 United nations report, which itself credits this finding to the Women's Liberation Front, an activist group that opposes many transgender rights initiatives. Setting aside the bias of this source, this stat applies to all women's sports worldwide within a non specified time range. So even assuming this number is accurate, 900 medals across every sport, division and country in the world still wouldn't constitute a strong case for federal action on this issue. Additionally, the order assumes that every case involving trans women in women's sports is essentially the same and should be treated as such. A middle schooler who identifies as a transgender girl and wants to run on the girls cross country team is just different from a trans college basketball player who went through male puberty and wants to compete on the women's team. Similarly, a trans high schooler on the girls junior varsity soccer team is just not the same as a fifth year college senior who comes out as a trans woman and wants to compete in women's shot put. Just as we acknowledge the physical differences between males and females, we should factor in age, sexual maturity and sport specific demands when determining who gets to participate. This executive order is ill equipped to navigate nuances like these, and it would be a harsh punishment to pull federal funding in cases that involve trans students participating in sports regardless of the level. Now, when 70 to 80% of Americans say they support bans on trans women in women's sports, I'm confident that they're thinking of the high performing competitive athletes like Cece Telfer, J.C. cooper and Lia Thomas. But those examples can take on an outsized importance in our minds when in reality there are countless more instances of trans girls who can compete fairly in girls sports. As I said in the beginning, this is an issue that defies black and white assessments. Personally, I land around here we should have restrictions on trans women's participation in high level women's sports, high school, college and professional. And these are cases where scholarships, records and careers are on the line. Whether those restrictions can be achieved via hormone treatments like the NCAA required until its policy change last week, is still an open question and requires more research. In the meantime, though, individual sporting bodies are in the best position to make that determination. And that's with the understanding that no decision will be perfect. Now at the elementary and middle school levels, as well as high school and collegiate teams that aren't engaged in the same level of high stakes competition like junior varsity or teams, I don't see a need for a federal rule restricting participation. Now that's not to say there should be no regulations. Shared locker room spaces in particular should be handled with care. But once more, these are best handled at the community level. If a trans girl wants to play JV girls across, that's a decision Taylor made for the athletic conference her school is a part of. Ditto for other sports at a similar level. Again, some decisions will still result in discontent on one side or the other. I'm not dismissing that, and I of course don't mean to imply that high level athletics are the only competitions that should matter. But allowing local sports leagues and schools to make the call is a better solution than the federal government doing it via executive action. As with his executive actions on immigration, President Trump is acting on a campaign promise that resonated with a large swath of the electorate and not just Republicans. But it's disappointing to see a broad reaching order couched in language about how trans women's participation in sports is dangerous to other women and justified by a few extreme examples that also include some outright falsehoods. I still believe we can value fairness in competition while keeping avenues open to participate in sports and all the benefits they bring, in many cases drawing on the input of families, schools and communities to make decisions rather than top down decrees. We'll be right back after this quick break.