Participation of a transgender athlete on a girls’ volleyball team at Monarch High School in Florida is against state law. However, federal law and regulations may protect transgender players from discrimination based on gender identity. Public opinion shows majority opposition to allowing transgender athletes to compete based on their current gender identity. Florida’s Fairness in Women’s Sports Act bans transgender girls from playing on girls’ teams, while federal law under Title IX may allow transgender athletes to participate on teams that align with their gender identity. The Biden administration is in the process of implementing a rule that would guarantee transgender athletes’ ability to compete in most sports teams. The case at Monarch High School has gained attention, resulting in the suspension of school officials and sparking public demonstrations both in support of and against the transgender student. Anthony Man reported
Legally, the situation regarding the participation of a transgender athlete on the girls’ volleyball team at Monarch High School in Florida seems straightforward at first glance. According to a state law enacted in 2021, transgender girls are not allowed to play on girls’ teams at public schools in Florida. The Fairness in Women’s Sports Act prohibits students who were assigned male at birth from participating in girls’ sports teams. However, the situation is not as clear-cut as it appears, as federal law and regulations based on federal law may protect a transgender player from gender identity discrimination.
The U.S. Department of Education has stated that its enforcement policy aligns with existing laws that protect students based on their sex, including LGBTQI+ students. Additionally, the Biden administration has initiated a rulemaking process that aims to ensure transgender athletes’ ability to compete on most sports teams, although not all. These developments indicate that federal law may provide some level of protection for transgender athletes, adding a layer of complexity to the situation.
Supporters of laws like the one in Florida argue that they are necessary because biological differences between transgender girls and cisgender girls give the former an unfair advantage in athletic competitions. On the other hand, opponents of these laws argue that they are unfair to transgender girls and point out that instances of them playing on girls’ teams are relatively rare.
The case at Monarch High School gained widespread attention when Broward Schools Superintendent Peter Licata suspended or temporarily reassigned five school officials. The state Department of Education, under Governor Ron DeSantis, demanded severe consequences for those who allowed the transgender student to play on the girls’ volleyball team. The agency’s communications director emphasized that, under Governor DeSantis, boys would never be allowed to play on girls’ sports teams.
In response to Licata’s actions, students at the school held walkouts in support of their transgender classmate and against the superintendent’s decision. The captain of the volleyball team, Jordan Campbell, expressed frustration, stating that the transgender student was well-liked and accepted on the team, with her gender identity never being an issue.
Public opinion on the matter is largely against allowing athletes to compete on teams that do not align with their gender at birth. The 2023 edition of the Gallup Values and Beliefs survey found that 69% of Americans believe transgender athletes should only be allowed to participate on teams that correspond to their birth gender. This represents a seven-percentage-point increase from 2021. In contrast, only 26% support transgender athletes participating on teams that match their current gender identity, an eight-percentage-point decrease from two years earlier. Support for transgender athletes playing on teams that align with their current gender identity is highest among Democrats (47%) and lowest among Republicans (6%).
The 2021 Florida law is grounded in the goal of providing female athletes with opportunities to showcase their skills and obtain recognition, scholarships, and other long-term benefits. The law requires public schools, colleges, and universities to designate athletic teams based on the biological sex of team members at birth. While boys’ and men’s teams may be open to girls and women, sports or teams designated for females cannot be open to students of the male sex. The law also specifies that a student’s biological sex is determined based on their official birth certificate, filed “at or near the time of the student’s birth,” excluding birth certificates changed later to reflect a person’s gender identity. The law allows individuals who suffer harm as a result of the ban to file lawsuits to seek court orders and damages.
Federal law, specifically Title IX, prohibits sex discrimination at schools and colleges that receive federal funding. The Biden administration’s Department of Education has proposed changing the rules governing Title IX to prevent schools from automatically banning all transgender athletes from participating on teams that align with their gender identity. The proposed rule would still allow limitations on transgender athletes’ participation in highly competitive sports. The Department of Education has emphasized that the proposed rule aims to prevent discrimination against transgender students and would permit schools to develop eligibility criteria that consider the sport, level of competition, and grade or education level.
The timeline for completing the rulemaking process is uncertain, as is whether it will be finalized before the 2024 election. The Florida Education Commissioner, Manny Diaz Jr., a Republican, criticized the proposed rule, arguing that it promotes a gender ideology unsupported by scientific evidence.
Courts across the country have reached different conclusions regarding state laws similar to the one in Florida. In the case of the transgender volleyball player at Monarch High School, a federal judge upheld the law, dismissing the student’s claim of discrimination. The judge determined that the law’s sex-based classifications were reasonably related to the state’s interest in promoting women’s athletics and that it did not violate Title IX.
In conclusion, the situation surrounding transgender athletes’ participation on girls’ sports teams is complex and multifaceted. While Florida law prohibits transgender girls from playing on girls’ teams, federal law and ongoing rulemaking processes may offer protections against gender identity discrimination. The debate over fairness and the potential advantages or disadvantages of transgender athletes competing in gender-specific sports continues to be a contentious issue..