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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