34 T. M. Cooley L. Rev. 121 (2017-2018)
Girls Will Be Boys, and Boys Will Be Girls: The Emergence of the Transgender Athlete and a Game Plan for High Schools That Want to Keep Their Playing Fields Level for All Student Athletes

handle is hein.journals/tmclr34 and id is 135 raw text is: 




    GIRLS WILL BE BOYS, AND BOYS WILL BE
         GIRLS: THE EMERGENCE OF THE
  TRANSGENDER ATHLETE AND A GAME PLAN
    FOR   HIGH SCHOOLS THAT WANT TO KEEP
    THEIR PLAYING FIELDS LEVEL FOR ALL
                  STUDENT ATHLETES

                        RAY  D. HACKE*

                           ABSTRACT
High school sports programs have long maintained separate teams for
boys and girls. Doing so has not only increased opportunities for girls
in interscholastic athletics, it has also protected them from the physical
and psychological harms that come with facing boys on the field and
undressing around them off of it. The emergence of the transgender
athlete, whose perception of what gender he or she is does not match
the athlete's biological gender, places public high schools in a thorny
position: Must  schools  accommodate   transgender  athletes by
permitting them to compete on teams oftheir chosen gender? Ifschools
do  accommodate  such athletes, can they place restrictions on the
athletes' participation? In this article, Ray D. Hacke examines the
transgender issue through the lenses of three laws (or sets of laws): 1)
The  U.S. Constitution's Equal Protection Clause, which permits sex-
based segregation of school sports programs where such segregation
redresses invidious discrimination toward girls and accounts for
physiological differences between genders; 2) Title IX, the federal law
that  was   specifically enacted to  ensure  equal  educational
opportunities for women  and which has  greatly increased female
participation in sports; and 3) state laws requiring accommodation of
transgender athletes, which must yield to federal laws where the two
conflict. Ultimately, Hacke concludes that schools, and the athletic


* Ray D. Hacke is an attorney who lives in California and has been licensed to
practice law for five years. An award-winning sportswriter before attending the
University of the Pacific's McGeorge School of Law-and to a limited degree
since-Mr. Hacke has spent a great deal of time around, and has a tremendous
passion for, high school sports. He has also developed a passion for constitutional
law, which he now practices as a staff attorney for the Pacific Justice Institute, for
whom he clerked in law school. Mr. Hacke is married and has a 6-year-old daughter,
Ava.

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