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Researh Service


Title IX's Application to Transgender Athletes:

Recent Developments



Updated August 12, 2020

On May 15, 2020, the Department of Education's (ED's) Office for Civil Rights (OCR) issued a Letter of
Impending Enforcement Action (Enforcement Letter) to the Connecticut Interscholastic Athletic
Conference (CIAC) and various public school districts within Connecticut. OCR determined that CIAC's
policy of allowing transgender girls (individuals assigned a male sex at birth but identifying as female) to
compete on female athletic teams discriminates against women in violation of Title IX of the Education
Amendments Act of 1972 (Title IX). Unless the CIAC and school districts come into compliance (such as
through a resolution agreement with the agency), OCR stated that it will either suspend financial
assistance to them or refer the matter to the Department of Justice (DOJ) for judicial proceedings.
This dispute reflects broad disagreement over how Title IX should apply to transgender athletes, an issue
that is also being litigated in the federal courts. Recently, in Bostock v. ChVton County,, Georgia, the
Supreme Court held that discrimination against gay and transgender individuals violates Title VII of the
Civil Rights Act, which bars employment discrimination because of ... sex. The Bostock case will
inform how courts construe Title IX's prohibition on sex-based discrimination in education, including
their analyses relating to transgender athletes in particular.
This Legal Sidebar examines OCR's decision, its statutory context, applicable regulations, case law, and
previous guidance from OCR. It also discusses how Bostock may inform judicial assessment of the status
of transgender athletes under Title IX.













                                                               Congressional Research Service
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