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(2008)
finding that in-group role models are more important for minority group members and less important for members of majorities or positively stereotyped groups). 124 "According to the
(2004)
See Henry T. Greely, Disabilities, Enhancements, and the Meanings of Sports , 15 S TAN . L. & P OL ’
(2015)
A move to unisex athletic teams would probably be easiest and best received for young children of elementary school age,
(2021)
See Get
More than half (54%) experienced some form of intimate partner violence, including acts involving coercive control and physical harm
(2022)
Play to Win: Improving the Lives of LGBTQ Youth in Sports
(2016)
The Humiliating Practice of Sex-Testing Female Athletes
(2021)
The Importance of Sports Participation for Transgender Youth
Karl Hakmiller (1966)
Need for self-evaluation, perceived similarity and comparison choice☆Journal of Experimental Social Psychology, 1
• Nearly half (46%) of respondents were verbally harassed in the past year because of being transgender
(2002)
LAY IN S PORT : A M ORAL
(2018)
College Sports Are A ffi rmative Action for Rich White Students
(2003)
One for You and One for Me , 97 N
noem-fight-girls-competing-against-biological-male-lia-thomas; see also Brooke Migdon, Conservative Group Files Title IX Complaint Against UPenn Over Lia Thomas Controversy, HILL
noting that Lia set school records in both the 200 free and the 500 free
(2020)
See 34 C.F.R. § 106.41(b)
that athletic resources should be divided equally between men ’ s and women ’ s teams following a separate-but-equal model
(2022)
See Board of Governors Updates Transgender Participation Policy
J. Suls, L. Wheeler (2012)
Social comparison theory
(2022)
USA Swimming Releases Athlete Inclusion, Competitive Equity and Eligibility Policy
(2022)
According to a letter from teammates complaining about Lia ’ s participation on the women ’ s team, Lia ’ s rankings “ bounced from #462 as a male to #1 as a female. ”
(2000)
The IDEA provides states with fi nancial assistance to educate students with disabilities
(2017)
See Risk Pooling: How Health Insurance in the Individual Market Works , A M . A CAD . OF A CTUARIES
Watching Lia Thomas Win
(2022)
Most Popular Sports in the World (1930 – 2020)
David Handelsman, A. Hirschberg, S. Bermon (2018)
Circulating Testosterone as the Hormonal Basis of Sex Differences in Athletic PerformanceEndocrine Reviews, 39
(2001)
This is what is required by Title IX. See 34 C.F.R. 106
M. Johns, R. Lowry, J. Andrzejewski, Lisa Barrios, Z. Demissie, Tim Mcmanus, C. Rasberry, L. Robin, J. Underwood (2019)
Transgender Identity and Experiences of Violence Victimization, Substance Use, Suicide Risk, and Sexual Risk Behaviors Among High School Students — 19 States and Large Urban School Districts, 2017Morbidity and Mortality Weekly Report, 68
Do Transgender Athletes Have a Performance Advantage? Let ’ s Look at the Results
(2022)
Lia Thomas Saga: With NCAA Championships Now Here, Betrayal of Female Athletes Continues
(2021)
Sport ’ s Trans Issue Is Here to Stay. But at Last
(2021)
Transgender Swimmer from Penn, Swims Fastest Times in Nation; Controversy Raging
D. Sabo, K. Miller, M. Farrell, M. Melnick, Grace Barnes (1999)
High school athletic participation, sexual behavior and adolescent pregnancy: a regional study.The Journal of adolescent health : official publication of the Society for Adolescent Medicine, 25 3
(1987)
Temple Univ., 678 F. Supp. 517, 539 (E.D. Pa.
supra note 23
• 72% of respondents who have done sex work, 65% of respondents who have experienced homelessness, and 61% of respondents with disabilities reported being sexually assaulted in their lifetime
See Lockwood, supra note 23, at 37 (showing that women were more inspired by outstanding female role models than male role models, but gender did not have the same effect for men)
(2008)
Equality, Adequacy, and Educational Policy , 3 E
Thomas did not win the two other individual events in which she competed at the NCAA Championships. She placed eighth in the 100 freestyle and tied for fifth in the 200 freestyle
framework (describing female eligibility rules for the International Olympic Committee and for several different athletic governing bodies); see also USA Swimming Releases Athlete Inclusion
(2000)
Unisex Sports: Challenging the Binary , 47 J. P HIL . S PORT 248, 251 (2020); see also Torbjörn Tännsjö, Against Sexual Discrimination in Sports
(2015)
pdf; see also Transgender People Over Four Times More Likely than Cisgender People to Be Victims of Violent Crime
Scott Skinner-Thompson, I. Turner (2014)
Title IX's Protections for Transgender Student Athletes
(2021)
Pickleball Is Growing at an Almost Unprecedented Rate in the History of American Sports
(2021)
Not a Fair Fight: Our Athlete Daughters Shouldn ’ t Have to Compete with Transgender Women
(2022)
Carpenter
(2021)
It Was Not Fair When I Raced Against Doped-Up East Germans and It Is Not Fair for Women to Compete Against Transgender Swimmer Lia Thomas
AMERICAN JOURNAL OF LAW AND EQUALITY | ISSUE 3 | 2023 AMERICAN JOURNAL of LAW and EQUALITY TRANSGENDER INCLUSION AND GIRLS’ SPORTS A Look at What’s at Stake Kimberly A. Yuracko* Sports are social conventions through and through. There is nothing natural or predeter- mined about who gets to play and what one must do to win. But how sports are structured says a lot about what society values and whose interests it sees as top priorities. Hence the culture war over girls’ sports. This paper seeks to identify what society values about orga- nized sports and suggest how a society that strives to prioritize girls as highly as boys and transgender girls as highly as cisgender girls should allocate athletic opportunities. To date, the loudest voices in the fight over girls’ sports have been the most extreme. On one side are those who argue that transgender girls are girls and must always be treated as such. On the other side are those who argue that sex is determined at birth and can never be *Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law. I thank Zach Clopton, Don Herzog, Mark Kelman, Andy Koppelman, Mac
American Journal of Law and Equality – MIT Press
Published: Sep 15, 2023
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