The issue of transgender women and girls in competitive sports has been made a complicated one from both political and policy perspectives. In this paper, we shall examine some of the legal and policy issues presented after the enactment of Indiana House Bill 1041 in the 2022 Session. That law prohibits athletes who are assigned male at birth from playing sports that are designated as female sports. It also requires schools and athletic associations to designate sports as male, female, or coeducational, and establish grievance procedures for people who believe that males are competing in sports designated for females. Legal questions presented include whether this law is consistent with federal case law and mandates under Title IX of the Education Amendments Act of 1972. From a public policy perspective, it also examines whether the application of this law is tenable as written and where cases may be more problematic.
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27