Steps to gender equality in sports; Biden orders and responds

David Galchenko, Reporter

Gender equality has been an ongoing topic and an area that has been facing much change and progress. On his Inauguration Day, President Joe Biden signed the executive order on preventing and combating discrimination on the basis of gender identity or sexual orientation, that states “any school that receives federal funding must allow biological boys who self-identify as girls onto girls’ sports teams or face action from the federal government,” according to USA Today

The order provides safe and equal opportunities for transgender women to compete in female sports. Section 1 of the order states, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.”

But according to USA Today, “A group of high-profile women athletes and women’s sports advocates is taking on the contentious issue of transgender women and women in sports by proposing federal legislation to exempt girls’ and women’s competitive sports from President Joe Biden’s recent executive order that mandates blanket inclusion for all transgender female athletes.”

The group of athletes, including tennis legend Martina Navratilova, several Olympic gold medalists, and five former presidents of the Women’s Sports Foundation, are asking to accomodate and honor the participation of transgender women in sports in other ways, such as including separate heats, additional events, or divisions and/or the handicapping of results.

Nancy Hogshead-Makar, a Title IX attorney and one of the leaders of the Women’s Sports Policy Working Group said in her interview to USA Today Sports, “We fully support the Biden executive order, ending LGBT discrimination throughout society, including employment, banking, family law and public accommodations, competitive sports, however, are akin to pregnancy and medical testing; these areas require a science-based approach to trans-inclusion. Our aim has been on protecting the girls’ and women’s competitive categories, while crafting accommodations for trans athletes into sport wherever possible.” 

With the details of President Biden’s Executive Order remaining fuzzy, Martina Navratilova said, “Now with transgender athletes, the rules are not clear. We need some clarity, we need some unity. We want to stay civil in the conversation and move the ball forward.” 

With these suggestions, however, controversy has arisen from transgender advocates, who say  these recomendations do not promote inclusion. 

Erin Buzuvis, a law professor and associate dean for academic affairs at Western New England College who specializes in gender and discrimination in education and athletics, said in the Hartford Courant, “I see what they’re trying to do but I don’t agree, the most important thing – we’re talking about youth, kids, K-12, and the most important thing developmentally is affirmation. And to say. ‘You’re in the special category over here, you’re this third category, you’re this other or you’re part of the team but your points won’t count’ – I don’t know what sports are going to think of these unnamed accommodations. … But if you’re going to single people out according to their status as transgender, then you’re inherently not affirming somebody’s gender identity. In my view, yes, that’s discriminatory.” 

Though this is a controversial and ongoing topic, steps are being taken to find the best solution that fits the needs of all involved while promoting an equitable and inclusive environment.