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Michael J. Tyler
- March 5, 2025
In recent times, the participation of transgender athletes in sports has ignited passionate debates across the United States. A notable example is the case of AB Hernandez, a transgender junior at Jurupa Valley High School in California, who achieved remarkable victories in track and field events. Hernandez’s performance, particularly her eight-foot lead in the triple jump at the Ontario Relays, has been both lauded and criticised, reflecting the nation’s deep divisions on this issue.
The controversy surrounding Hernandez’s achievements is set against a backdrop of significant political developments. On February 5, 2025, President Donald Trump signed an executive order titled “Keeping Men Out of Women’s Sports,” aiming to prevent transgender women and girls from participating in female sports categories. This order mandates that educational institutions receiving federal funding must enforce this policy, or risk losing financial support.
Supporters of the executive order argue that it ensures fairness in women’s sports by acknowledging physiological differences between cisgender and transgender athletes. They contend that allowing transgender women to compete in female categories could potentially disadvantage cisgender women. For instance, Dan Slavin, a parent from California, expressed concerns when his daughter had to compete against a transgender athlete, fearing safety issues and questioning the fairness of such competitions.
Conversely, critics view the executive order as discriminatory, asserting that it infringes upon the rights of transgender individuals. Advocates for Trans Equality condemned the order, stating that it is “a malicious and baseless attack on trans girls and women nationwide.” They argue that participation in sports offers invaluable lessons in teamwork and dedication, and excluding transgender individuals deprives them of these opportunities.
The enforcement of this executive order has led to legal challenges and widespread debates. In Washington state, for example, educational authorities are assessing the order’s implications, given that existing state laws protect transgender students’ rights to participate in sports consistent with their gender identity. The Washington Interscholastic Activities Association has expressed commitment to following state law while awaiting further legal guidance.
In Australia, transgender individuals are protected under federal and state anti-discrimination laws, ensuring their rights in various aspects of life, including education, employment, and sports. The Sex Discrimination Act 1984 (Cth) explicitly prohibits discrimination based on gender identity, providing legal protections for transgender people in federally regulated areas.
In the realm of sports, Sport Australia’s Inclusion Framework supports transgender and gender-diverse participation, aligning with the Australian Human Rights Commission’s guidelines on trans inclusion in sport. While elite-level sports may have specific regulations under governing bodies like World Athletics or the International Olympic Committee (IOC), community and school sports in Australia generally promote inclusion based on gender identity.
Each Australian state and territory has additional anti-discrimination laws reinforcing these protections. For example, Victoria’s Equal Opportunity Act 2010 and New South Wales’ Anti-Discrimination Act 1977 make it unlawful to discriminate against individuals based on gender identity, including in sport, education, and employment.
Despite legal safeguards, transgender athletes in Australia still face public debate, particularly in competitive sports. However, the overarching framework prioritises fairness, inclusion, and equal opportunity, aiming to balance competitive integrity with human rights protections.
The discourse extends beyond policy and legality, touching deeply on personal experiences. Transgender athletes have reported feelings of exclusion and discrimination. The Guardian highlighted the perspectives of those affected by the NCAA’s decision to restrict participation based on gender assigned at birth, with athletes expressing that such measures are “stripping us of sports.”
In conclusion, the case of AB Hernandez exemplifies the complex and emotionally charged debate over transgender participation in sports. Balancing fairness, inclusivity, and the rights of all athletes presents a formidable challenge. As policies evolve, it remains crucial to engage in thoughtful dialogue, ensuring that the voices of all stakeholders are heard and respected.
