New York Gov. Kathy Hochul, left, and University of Pennsylvania male swimmer Will "Lia" Thomas | State of New York / Penn Athletics
New York Gov. Kathy Hochul, left, and University of Pennsylvania male swimmer Will "Lia" Thomas | State of New York / Penn Athletics
As President Biden proposes a new rule that would amend Title IX to forbid U.S. schools and colleges from banning boys from participating in girls’ sports, an analysis by the Empire State News shows that New York is one of 29 states that allow boys to participate in girls’ high school sports.
New York State, as well as local schools and athletic associations in many states, have established guidelines to protect the rights of transgender students and maintain "fairness in athletics," according to the New York Bar Association.
As of publication time, there are 29 states that still allow boys to participate in girls’ high school sports: Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
This month, the U.S. Supreme Court declined to overturn a lower court ruling that had blocked West Virginia’s enforcement of its law, signed into law in April 2021, that banned boys from participation in girls’ high school sports. Those court rulings are expected to be challenged.
In December 2022, a federal appeals court rejected a challenge to Connecticut’s policy of allowing boys to participate in girls’ sports. A lawsuit was filed in 2022 by three high school girls against the state’s policy, saying it was unfair. Alliance Defending Freedom (ADF), the non-profit providing legal representation to the three girls, said it’s considering a challenge to the ruling.
“Girls deserve to compete on a level playing field,” ADF Legal Counsel Christiana Holcomb said. “Forcing them to compete against boys isn’t fair, shatters their dreams and destroys their athletic opportunities.”
There has been rapid growth in diagnoses of "gender dysphoria" in recent years, with a Reuters analysis of Medicaid findings that 42,000 children and teens in the U.S. received a diagnosis in 2021 – nearly triple the amount from 2017.
"Overall, the analysis found that at least 121,882 children ages 6 to 17 were diagnosed with gender dysphoria from 2017 through 2021," Reuters said.
A 2016 review in the Journal of Adolescent Health called children with gender dysphoria "singularly vulnerable" due to high rates of depression, self-harm and even suicide. The American Psychiatric Association's "Diagnosfic and Stafisfical Manual of Mental Disorders" says children are not fully capable of understanding what it means to be a man or a woman, adding that most questioning their biological sex eventually come to accept it and stop "identifying" as the opposite one.
The issue of gender dysphoria and school sports hasn't been limited to high school. In March 2022, University of Pennsylvania male swimmer Will "Lia" Thomas won the women's NCAA swimming championship in the 500-yard freestyle.
University of Kentucky swimmer Riley Gaines, who tied with Thomas in the 200-meter freestyle event at those NCAA championships, called Thomas a “cheat.”
“Lia Thomas is not a brave, courageous woman who EARNED a national title,” Gaines tweeted. “He is an arrogant, cheat who STOLE a national title from a hardworking, deserving woman. The @ncaa is responsible.”
Florida Gov. Ron DeSantis, who in April 2021 signed legislation banning boys from participating in girls’ sports, slammed Thomas' participation in women's events as an effort to "destroy women's athletics."
"The NCAA's actions serve to erode opportunities for women athletes and perpetuate a fraud against women athletes as well as the public at large," the proclamation read. "Florida rejects the NCAA’s efforts to destroy women’s athletics, disapproves of the NCAA elevating ideology over biology and takes offense at the NCAA trying to make others complicit in a lie."
Does Your State Ban Boys From Girls’ Sports?
**Utah judge reverses law banning transgender girls from sports
*** U.S. Supreme Court declined to overturn federal appeals court ruling blocking West Virginia enforcement of state ban.
Source: State statutes and codes
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