In the world of high school competitive sports, the place of gender identity is extremely relevant today. This originated via a civil rights law, enacted on June 23, 1972, known as Title IX. This law prohibited sex-based discrimination in schools and any other educational facilities that receive federal funding. Title IX was a huge, progressive step as it allowed women to have more access to athletic opportunities such as resources, scholarships and the ability to participate in their desired sport in the K-12 grades.
“Title IX was an incredible, incredible thing, that was just saying that women’s and men’s bodies are different, and that’s okay, and we deserve the right to have the same sort of accessibility to athletics as men do,” said Nebraska State Senator Kathleen Kauth. “So it was just very formative for me to be in that generation when it was starting to come along.”
Kauth, alongside Governor Jim Pillen, introduced the “Stand With Women Act” to the Nebraska Legislature on Jan. 10. This act would prohibit biological males from participating in women’s sports and require locker rooms and bathrooms to be designated by sex.
“What people fail to acknowledge is that someone who is dealing with the mental disorder, which is gender dysphoria, they are not a woman. If a male with gender dysphoria who believes themselves to be a woman, that belief does not trump their biology,” Kauth said. “And so when you say, well, because they feel like they are, every other woman should automatically accept it and be forced into silence.”
A main concern with allowing biological males in women’s sports has been how female students would feel about having a trans-woman in a locker room or bathroom.
“I would feel a little uncomfortable. I wouldn’t say anything that I was uncomfortable, but I would feel that way,” said an anonymous female GHS student who is involved with activities. But not all players feel the same.
“I would be okay with it because it doesn’t really affect me. So I wouldn’t feel uncomfortable or anything like that,” junior swimmer Emma Brophy said when asked how she would feel if a biological male were to join her Gretna team.
On Jan. 20, President Donald Trump signed Executive Order 14168, also known as the “Keeping Men Out of Women’s Sports,” which will remove any federal funding from educational institutions that allow biological men to compete in women’s sports. The executive order aligns closely with Kauth and Pillen’s bill.
The change has compelled the Nebraska School Activities Association (NSAA) to comply with the executive order to prevent the loss of federal funding necessary for student support programs and grants.
“As a school district, we fall in line with the NSAA, their rules and regulations,” Athletic Director Matthew Curtis said. “So from our point of view, where we sit and from all member schools within the NSAA, we have to abide by what the NSAA goes by.”
Before the executive order, decisions were made about transgender athlete participation on a case-by-case basis via the NSAA’s Transgender Student Participation Application Form. The Gender Participation Policy stated that the Gender Identity Eligibility Committee, a group of people trained to assess the application inquiries, would convenes to determine the student’s eligibility to participate. This process required confirmation from a physician, a licensed mental health professional (like a psychiatrist or psychologist), a school staff member and an NSAA staff member. However, this committee has not met often, as there have only been eight cases of transgender athletes wishing to participate in women’s sports since 2018.
“The NSAA, in my mind, is an organization that promotes activities for students, and so I would hope that they continue opportunities for transgender and non-transgender students,” said Wendy Loberg, girls’ volleyball coach and teacher.
The implementation of these policies on a state and national level has caused concerns about the priorities and direction of women’s sports. Female athletes still face long-standing issues of objectification and uncomfortable situations during games. On Feb. 18, professional tennis player Emma Raducanu had to pause one of her matches in Dubai after she approached the umpire in distress. During the match, she noticed there was a man in one of the front rows displaying “fixated” behavior who had approached her days before.
“I felt like there were so many other issues facing female athletes that we could tackle that would have a bigger impact and more positive impact for female athletes than, say, transgender athletes competing,” powerlifting coach and history teacher Alise Pape said. “The number of transgender athletes we have competing, if I’m being honest, I couldn’t name one. But I think, in reality, it’s become a fear, and we have a lot of energy going towards fixing said problem and fear when there are so many other issues facing female athletes that really do need to be addressed like discrimination, harassment, sexualization, and we don’t address those issues.”
The overall removal of transgender athletes in their preferred gendered sport may not impact the majority of athletes across the nation, but it will impact the few who wish to be respected and seen for who they are. According to the CDC, 3.3 percent of high school students identify themselves as transgender, and another 2.2 percent have questioned their gender identity.
“I hope to see inclusivity, as someone who has transgender students and has transgender friends,” Pape said. “I hope to see just more empathy, more understanding of each individual athlete is different, and what’s going to be best for them doesn’t fit under an umbrella policy of allowing them to compete or not compete, because every transgender athlete has their own unique journey of how they have come to the realization that they’re transgender and where they are. Their transition affects their athletic performance, and so I think evaluating each case on an individual basis is probably the way to make the best decision for everyone involved.”
