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“Transgender athletes are all but banned from women’s sports by the NAIA.”

The National Association of Intercollegiate Athletics (NAIA) announced a new policy on Monday that effectively bars transgender athletes from competing in women’s sports at its 241 member colleges across the United States. The policy was approved by the NAIA Council of Presidents with a unanimous 20-0 vote during the organization’s annual convention in Kansas City, Missouri.

The NAIA, overseeing over 83,000 athletes across more than 25 sports, is believed to be the first college sports organization to implement such a policy. According to the new rules, athletes can compete in NAIA-sanctioned men’s sports regardless of their gender identity, but only individuals whose biological sex assigned at birth is female and have not begun hormone therapy are permitted to compete in women’s sports.

Transgender athletes who have started hormone therapy can still participate in workouts, practices, and team activities, but they are not allowed to compete in official interscholastic competitions. The NAIA stated that all sports, with the exception of competitive cheer and competitive dance, have separate categories for male and female athletes. These sports, according to the NAIA, require “some combination of strength, speed, and stamina,” which the organization believes could give male athletes a competitive edge.

The policy does not apply to competitive cheer and competitive dance, which are open to all students. Despite the fact that the exact number of transgender athletes at high school and college levels is not known, the topic has sparked heated debate among conservative groups and others who believe that transgender athletes should not compete in women’s sports.

“The NAIA understands that legal action challenging the policy is a possibility, but this policy is one our membership and board felt was the right decision,” the NAIA said in a statement to The Associated Press. However, the decision was met with criticism from groups like the National Women’s Law Center. Senior counsel Shiwali Patel called the policy “unacceptable and blatant discrimination,” saying it harms not only transgender, nonbinary, and intersex individuals but also limits the potential of all athletes. Patel pointed out that such policies do not promote fairness but rather send a message of exclusion, reinforcing harmful stereotypes.

Following the NAIA’s announcement, the NCAA, which oversees sports for over 500,000 college athletes, issued a statement indicating its commitment to Title IX and ensuring fair competition in all NCAA championships. The NCAA’s policies on transgender athlete participation require a year of testosterone suppression therapy and documented testosterone levels submitted before championship competitions.

The Biden administration had planned to release new federal Title IX rules addressing both campus sexual assault and transgender athletes, but decided to separate these issues, leaving the athletic rule unresolved while the sexual assault policy moved forward. Patel highlighted the urgency of clear Title IX rules that prohibit sex-based discrimination, ensuring the rights of all students, including transgender, nonbinary, and intersex athletes.

Though the exact number of NAIA transgender athletes is small, the policy and similar state laws emphasize the ongoing debate and the need for clear federal guidance. While some high schools and colleges support transgender athletes, the landscape remains contentious, with various state laws and policies creating a complex environment for transgender athletes seeking fair competition.

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