Amidst the excitement surrounding the 2024 NCAA women’s basketball championship between the University of South Carolina and the University of Iowa, an unexpected topic emerged during press conferences with head coaches Dawn Staley and Lisa Bluder. When asked about the inclusion of so-called “transgender women” in women’s college basketball, Staley voiced support for their inclusion, while Bluder redirected attention to the upcoming game.
This dialogue underscores a broader societal debate that touches upon the essence of Title IX. Originally passed in 1972, Title IX is a federal civil rights law that was intended to ensure that no person, based on sex, would be excluded from participation in, denied the benefits of, or subjected to discrimination under any educational program or activity receiving federal financial assistance. Its prime directive was to protect and promote women’s opportunities in educational and athletic arenas. Recent amendments to Title IX’s implementing regulations have brought into account the expansion of sex to include “gender identity” sparking discussions about how to protect the sex-based rights of women and girls in light of a new law that redefines sex to include ‘gender identity.’
As we stated in our inaugural statement, gender ideology is “incompatible with the fight for women’s rights because it allows men access to spaces and activities designated for women.” The inclusion of males in sports and spaces designed for women and girls undermines the foundational goal of Title IX. Allowing these men to compete in women’s sports undermines the original intent of Title IX, to create and preserve environments that foster safety, privacy, and competitive equity for women and girls.
A recent article from the Washington Post highlighted the ongoing pressure on the NCAA to clarify its stance on male athletes’ participation in sports. So-called “queer” advocacy groups, such as Athlete Ally, and prominent lesbian sports figures such as Megan Rapinoe and Sue Bird have been actively campaigning for the inclusion of men in women’s sports. However, the inclusion of men who pretend to be women in women’s sports infringes on the rights and safety of all women in those spaces, including lesbian and bisexual women. A study on the effects of “gender-affirming” hormone therapy on males revealed that physiological athletic advantages exist before puberty and persist regardless of cross-sex hormones.
The amended Title IX regulations will also affect the distribution of sports scholarships. Athletic scholarships are often a critical pathway for Black women and girls, not just for sport participation but as a means to fund higher education, which can be otherwise financially inaccessible. Black women are already underrepresented among NCAA female athletes. The inclusion of men in female scholarship pools further threatens opportunities for Black women and girls to use sports as a tool for educational and social advancement. Any reduction in access to scholarships can have disproportionate and lasting impacts on Black women’s ability to pursue higher education and subsequent career opportunities.
Val Whiting, a former WNBA player and 2x NCAA champion, remarked on X in response to Dawn Staley’s support for men in women’s sports that “A lot of my basketball sisters feel differently but trans women do not belong in women’s sports. It’s not fair nor safe for biological women. There has to be another solution for trans women to be able to compete athletically besides having them compete against biological women.” Whiting also stated, in support of girls protesting having boys in their sports competitions, that “Girls are dropping out of sports by the age of 12. Having young girls in sports [has] benefits that go far beyond the playing field. Sports saved my life. Now [girls] have to worry about boys in their spaces, yet another reason to drop out.” Macy Petty, an NCAA volleyball player, also voiced significant concerns about the inclusion of male athletes in women’s sports. Petty argues that allowing males to compete with females puts women’s scholarship opportunities at risk and could potentially lead to physical injuries due to biological differences. She highlights the competitive advantage these athletes possess, and the pressure on coaches to recruit the best competitors to secure wins, regardless of sex.
In April 2023, Payton McNabb, a high school girls volleyball player, spoke out about injuries she received while playing against an opposing player who is male. Video of the incident, showing the aggressive spike, had previously gone viral. McNabb stated that she still suffers from impaired vision, partial paralysis, constant headaches, anxiety, and depression, and that while she may be the first to come forward with such injuries from a male player, if males continue to be allowed to compete with women and girls, she won’t be the last. That same year, a male volleyball player was reportedly set to become the first known male recipient of a women’s Division 1 volleyball scholarship at the University of Washington until his scholarship was rescinded once it was revealed that he was male.
The new Title IX regulations have implications beyond athletics. In 2021 a teenage girl was sexually assaulted by a boy wearing a skirt in a school bathroom in the Loudoun County Public School (LCPS) district. The school district permitted students to use bathrooms aligned with their “gender identity.” The male attacker was moved to another school where he committed another assault against a female student. The victim’s family accused school officials of “failure to respond promptly and adequately to reports that Jane Doe was sexually assaulted by another LCPS student” and stated that the school’s actions constituted sex discrimination, in violation of Title IX of the Education Amendments of 1972. Interpreting Title IX to protect “gender identity” raises complex questions about whether the safety and privacy of girls in restrooms meant for girls will be prioritized in schools and in law.
Recently in April, parents and students from Pennbrook Middle School in Pennsylvania held a protest after a seventh-grade student was attacked by another student using a metal Stanley cup in the school cafeteria. Captured on security footage, the assault led to the victim’s hospitalization and a subsequent school lockdown. Despite the school’s awareness of the male student’s violent tendencies, including maintaining a “hit list” of girls to assault and requiring daily solo escorts, no effective interventions were made. A judge issued an order preventing any identifying information about the attacker from being published, however per online sources, the student is a boy who identifies as a girl; and he had been allowed to use the female restrooms at the school from which he recently transferred three days prior to the incident. Despite repeated warnings about his violent tendencies, no preventative actions were taken and as a result a female student was seriously injured.
Males do not need to participate in female sports or engage in violence to be considered inappropriate in spaces designated for females in educational settings. The presence of boys or men in female-designated restrooms and locker rooms is inappropriate due to the specific privacy, comfort, and health needs of women and girls. A study of 1,000 female teens revealed that 69% felt embarrassed carrying menstrual products to the bathroom, highlighting the need for sex-segregated facilities that support menstrual hygiene discreetly and without stigma. Furthermore, 57% of these teens felt personally stigmatized by menstruation. Female-only facilities make for a respectful and supportive educational environment, allowing female students to manage personal health needs with dignity, away from the presence of males.
The preservation of sports and spaces for women and girls is necessary. Allowing men, regardless of their self-identification, into spaces traditionally reserved for women leads to the marginalization of all female people within our own designated venues. The responsibility to foster inclusivity and address the rights of men across various “declared identities” should fall to other men and their male-designated spaces. This approach ensures that women’s spaces remain dedicated to prioritizing and amplifying the privacy, safety, and dignity of women and girls.
The infiltration of males into spaces meant for women and girls not only jeopardizes the privacy and safety of these environments but also risks relegating female people to supporting roles in the spaces made for them. As society continues to navigate this issue, it is crucial to remain vigilant in maintaining that women’s spaces do not exist as a respite for men. Protections that Title IX originally set out to secure must be preserved to respect and honor women’s rights.
The WDI USA Black Women’s Caucus
