The National Association of Intercollegiate Athletics (NAIA), a governing body responsible for overseeing over 83,000 athletes primarily at smaller colleges, has implemented a groundbreaking policy. This new policy prohibits transgender women from participating in women’s sports, marking the first instance where a major college sports governing body in the United States has taken such a stance.
The NAIA policy has been approved by the Council of Presidents with a unanimous vote of 20-0. According to this policy, only student athletes who were assigned female at birth will be permitted to participate in women’s sports teams sponsored by the NAIA. This new policy will go into effect on August 1st.
Under the new policy, transgender men and trans masculine students have the opportunity to compete on women’s teams if they have not yet begun masculinizing hormone therapy. However, those who have started hormone therapy will no longer be eligible to compete in NAIA competitions. Nevertheless, they are still permitted to participate in women’s team workouts, practices, and team activities, with their involvement subject to the discretion of their college. On the other hand, all students, including trans men and trans women, are welcome to compete on men’s teams in accordance with the policy.
The NAIA did not respond immediately when asked for comment. Jim Carr, the president and CEO of the organization, told The Associated Press that they believe the policy is the best decision for member schools, but also acknowledged that it may be seen as controversial.
“We understand that there are various opinions on this matter, and many people have strong emotional reactions to it. We want to acknowledge and respect those viewpoints,” Carr stated. “However, our main focus is ensuring fairness in competition, and that is why we are taking this approach. We have made efforts to provide opportunities for everyone to participate to the best of our abilities.”
The NAIA, which governs over 200 schools, has joined the growing trend of sports governing bodies restricting the participation of transgender students. This move comes as the inclusion of trans individuals in public life has become a highly politicized issue. In fact, nearly half of the states in the US have enacted laws or regulations that limit or prohibit trans students from competing on sports teams that align with their gender identities, whether it be at the elementary, middle, high school, or college level.
The NAIA implemented a transgender sports policy that closely mirrored the NCAA’s guidelines, the governing body for collegiate athletics in over 1,000 colleges and universities. Starting in 2011, the NCAA permitted transgender women to participate in women’s sports teams if they underwent one year of testosterone suppression.
In January 2022, the NCAA revised its policy after the controversy surrounding Lia Thomas, a transgender swimmer from the University of Pennsylvania, who achieved remarkable success during her season and eventually clinched an NCAA championship. The NCAA now follows a sport-specific approach, whereby eligibility is determined by the guidelines established by the national or international governing body of each respective sport.
The NAIA took action in April 2022 by establishing a Transgender Task Force in response to the NCAA’s policy change.
The NAIA’s new policy was denounced by the Human Rights Campaign, the largest LGBTQ advocacy organization in the country, on Monday.
Kelley Robinson, the president of the organization, expressed disappointment with the NAIA’s decision to exclude a specific group of individuals from competing. She criticized the right-wing’s campaign for spreading misinformation and distorting the experiences of transgender athletes, without offering any support for women’s sports. Robinson emphasized the well-known benefits of sports for mental, physical, and emotional well-being. She argued that every student, including transgender athletes, should have the chance to participate in team sports and learn important values such as sportsmanship, self-discipline, and perseverance.
According to Sasha Buchert, director of the Nonbinary and Transgender Rights Project at Lambda Legal, a national LGBTQ rights legal organization, the NAIA’s new policy is “inconsistent with the law and science.”
Buchert expressed his outrage, stating that it is unacceptable for an organization that prides itself on advocating for others to use its influence to suppress and undermine these athletes instead of supporting them.
Both Buchert and Robinson highlighted the recent remarks made by South Carolina women’s basketball coach Dawn Staley. Prior to her team’s victory in the NCAA championship game on Sunday, Staley expressed her support for the inclusion of trans women on women’s sports teams.
In a recent statement to reporters, Staley expressed her strong belief in gender inclusivity in sports. According to her, anyone who identifies as a woman or wants to participate in sports as a woman should have the opportunity to do so. Staley firmly stands by this opinion, emphasizing the importance of equal access and opportunities for all athletes.
Several LGBTQ rights organizations have taken legal action against several states that have enacted laws that limit the participation of transgender student athletes. These organizations argue that these laws are in violation of Title IX, a federal law that aims to protect students from discrimination based on sex in federally funded educational institutions, as well as the equal protection clause of the 14th Amendment.
According to Carr, the president of the NAIA, he believes that the organization’s new policy is in line with Title IX. In an interview with CBS Sports, Carr stated, “For us, we believed our first responsibility was to create fairness and competition in the NAIA. We also think it aligns with the reasons Title IX was created. You’re allowed to have separate but equal opportunities for women to compete.”
President Joe Biden’s administration has been mostly supportive of trans students’ access to sports teams that align with their gender identities. However, there have been recent discussions about potentially allowing some restrictions on their participation. In January 2021, the Education Department published a federal notice stating that it would interpret Title IX to protect LGBTQ students from discrimination.
In April 2023, the department introduced a proposal to modify Title IX, which would prohibit blanket bans on transgender students participating in sports teams that correspond to their gender identity. However, the proposed rule would allow for certain limitations in higher levels of sports competition, such as high school and college. The department originally intended to finalize and publish this rule in March, but there have been several delays in the process.