25 Tul. J.L. & Sexuality 145 (2016)
Not Quite a First Place Finish: An Argument That Recent Title IX Policy Clarification from the United States Department of Education Does Not Adequately Protect Transgender Interscholastic Athletes

handle is hein.journals/lsex25 and id is 155 raw text is: 





  Not Quite a First Place Finish: An Argument
  That Recent Title IX Policy Clarification from
    the United States Department of Education
    Does Not Adequately Protect Transgender
                   Interscholastic Athletes

                             Stacey Michel*

I.   INTRODUCTION    ................................................................................. 145
II.  TITLE IX AND TRANSGENDER STUDENTS ........................................ 148
III. STATE  POLICIES  ................................................................................ 15 1
IV. THE IMPORTANCE OF TRANSGENDER INCLUSION IN
     INTERSCHOLASTIC ATHLETICS CONSISTENT WITH IDENTITY ......... 155
V.   PROPOSED POLICY CHANGES ........................................................... 162
V.   WHY THE PROPOSED POLICY CHANGES ARE NECESSARY ............. 163
     A.    State Community and Legislative Backlash ..................... 163
     B.    The Unpredictability of Transgender Student-
           Athlete Protection From   the Court ................................... 165
V I. C ONCLUSION   .................................................................................... 168

I.   INTRODUCTION
     Pat is a transgender girl.' Based on her genitalia, at birth, she was
assigned the sex of male. However, throughout her childhood, Pat

    *    © 2016 Stacey A. Michel. J.D. candidate 2016, Tulane University Law School; B.S.
2012, University of Florida. Stacey Michel is the Senior Articles Editor for Volume 25 of the
Tulane Journal of Law & Sexuality, the Secretary of the Tulane Chapter of the American
Constitution Society, and a student attorney in the Tulane Criminal Litigation Clinic. First and
foremost, she would like to thank her fiance, Diana Ward, for her daily love and support through
the wild ride that is law school. She would also like to thank her parents, Peggy McNally and
Terrel Michel, for their continuing love and support, raising her to believe in herself, and editing
her papers as a child-thus, turning her into the writer that she is today. She would also like to
thank two particular professors: Nefertiti Walker, her professor at the University of Florida, for
introducing to her the struggles that transgender athletes face on and off the playing field, and Sam
Matambanadzo, her professor at Tulane University Law School, for editing earlier drafts of this
paper. Last, but certainly not least, she would like to thank the members and editorial board of the
Tlane Journal of Law & Sexuality for their extensive work in getting this piece ready for
publication. Stacey would also like to mention that she is a member of the Women's Flat-Track
Derby Association, a worldwide organization that has one of the most inclusive gender policies.
She hopes that one day, other athletic associations will be as inclusive.

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?