Transgender Athlete Rights under Title IX and NCAA Policy: Inadequacy and Unevenness of Treatment Demands Equal Protection and At Least Intermediate Scrutiny Analysis
(With Taylor E. Brown, Candidate for BSM in Sport Management, Seton Hall University)
International Journal of Sport Studies
Vol. 5, No. 7, pp. 752-764: ISSN 2251-7502 (2015)
ABSTRACT
This article discusses issues relating to gender identity as they pertain most especially to the NCAA and Title IX in the arenas of high school and collegiate sports. The focus of the article will be on the rights of transgender student athletes, coupled with a discussion of the evolution of the current rules in place to protect transgender athletes from discrimination, as well as the allegation of potential unfairness that such transition creates in the sphere of athletics. The article concludes with a policy argument calling for adoption of enhanced constitutional protections on 14th Amendment equal protection grounds as the most effective way to protect the rights of transgender athletes. Creating fair, safe, and inclusive policies at the college and high school levels leads to increased awareness and understanding of transgender or gender non-conforming individuals.
KEY WORDS: Transgender athlete; Gender Identity; NCAA; Title IX; 14th Amendment; Equal Protection; State actor
The article concludes with a policy argument calling for adoption of enhanced constitutional protections