Touro Law Review
Abstract
Title IX was enacted to guarantee women equal opportunities in athletics by preserving competitive fairness. That objective has been challenged by evolving policies on transgender participation in women’s sports. Proponents of inclusion frame the issue as a matter of civil rights, while opponents emphasize physiological differences between the sexes that remain even after medical transition. Shifting interpretations by the Department of Education, influenced by changes in presidential administrations, have created legal uncertainty, culminating in Tennessee v. Cardona, which rejected an expansive definition of “sex” to include gender identity. This Note argues that maintaining the integrity of women’s athletics requires recognition of biological realities to prevent the erosion of Title IX’s core purpose— ensuring that female athletes retain meaningful and equitable opportunities to compete.
Recommended Citation
Pyros, Lola-Marie
(2025)
"Evaluating Competitive Equality: The Department of Education’s Regulations and Impact on Title IX in Women’s Sports,"
Touro Law Review: Vol. 40:
No.
4, Article 13.
Available at:
https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/13
Included in
Administrative Law Commons, Civil Rights and Discrimination Commons, Constitutional Law Commons
