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39 J.C. & U.L. 467 (2013)
It Got too Tough to Not Be Me: Accommodating Transgender Athletes in Sport

handle is hein.journals/jcolunly39 and id is 488 raw text is: IT GOT Too TOUGH TO NOT BE ME': ACCOMMODATING TRANSGENDER ATHLETES IN SPORT ELIZABETH M. ZIEGLER* TAMARA ISADORA HUNTLEY** I. INTRODUCTION ........................................ .......468 II. RECENT EXAMPLES OF TRANSGENDER OR INTERSEXED ATHLETES.....471 III. Do TRANSGENDER ATHLETES HAVE AN ADVANTAGE IN COMPETITION? ...................................... .....474 IV. CURRENT REGULATIONS .........................................476 A. Olympic and Professional Levels ............... .....476 B. Intercollegiate Level ........................ ..... 483 C. Interscholastic Level ........................ .....488 D. Additional Guidance from the ON THE TEAM Report ...............491 V. LEGAL IMPLICATIONS FOR TRANSGENDER INDIVIDUALS ...... .....495 A. Title VII of the Civil Rights Act of 1964...............496 B. Title IX of the Education Amendments of 1972...... .....499 C. Equal Protection Clause...........................501 D. State Statutes and Case Law ........................502 * Elizabeth M. Ziegler is currently a Compliance Analyst at Dick's Sporting Goods and was previously an Associate at the Pittsburgh office of Thorp Reed & Armstrong, LLP in the General Corporate Mergers & Acquisitions Practice Group. J.D., University of Notre Dame, 2011; B.A., Washington & Jefferson College, 2008. 1 would like to thank my co-author, Isadora, without whom this Article would not have been possible and Professor Ed Edmonds for his advice, guidance and friendship. Both of us would like to think Bryce Rucker for his excellent research assistance. ** T. Isadora Huntley is a graduate of Notre Dame Law School, Class of 2012; B.S., Emory University, 2008. I would like to thank my co-author, Elizabeth Ziegler, for allowing me the opportunity to collaborate with her on this Article. Also thanks to Professors Ed Edmonds, Barbara Fick and Jill Bodensteiner for their help and guidance with this Article. 1. Got Too Tough to Not Be Me, ESPN (Nov. 3, 2010), http://sports.espn.go.com/ncw/news/story?id=5761244 (quoting Kye Allums, a transgender athlete on George Washington University's women's basketball team, referring to the difficult decision to start identifying himself as a male in order to match his internal sense of gender identity). 467

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