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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.

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