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Participation of Transgender Athletes: The Foundation Position

Content Summary

The Equal Protection Clause of the U.S. Constitution and Title IX’s prohibitions against sex discrimination have both been interpreted by state and federal courts to encompass discrimination based on gender stereotyping, including discrimination against individuals because of their gender identity or expression (i.e. transgender athletes). Therefore, schools may face legal liability if they deny access to such student-athletes, even if no law explicitly addresses the issue.

Participation of Transgender Athletes in Women's Sports: The Foundation Position

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