Fairness in Girls’ Athletics
By Laura Conway
Introduction
As a mother and former athlete, I believe we have a responsibility to preserve fairness and integrity in girls’ athletics. Biological sex determines physical advantages that directly affect competition outcomes, and ignoring these differences undermines the purpose of girls’ sports. Title IX was created to give girls equal opportunities to compete, not to erase them. Allowing biological males to compete in female divisions jeopardizes that progress and threatens the level playing field generations of women fought to secure.
Public Sentiment and Cultural Debate
In May 2025, Gallup reports that 69% of U.S. adults believe transgender athletes should only be allowed to play on sports teams that match their birth sex. Gallup also reports that support for allowing transgender women to compete with biological women has steadily declined from 34% in 2021 down to 24% in 20252.
Biological Sex Differences and Athletic Performance
A 2025 study in the European Journal of Sport Science tracked nine transgender women distance runners and one swimmer who underwent gender‑affirming hormone therapy (GAHT) for an average of 31 months. Although their race times slowed by about 14.6 % and testosterone levels were reduced to female‑typical ranges, the athletes’ lean body mass and strength remained higher than those of biological women5.
Legal Landscape in Minnesota and the United States
Minnesota Law
Minnesota has some of the most expansive civil‑rights protections in the country for transgender individuals. The Minnesota Human Rights Act (MHRA) prohibits discrimination on the basis of sex, sexual orientation and gender identity in education, housing, employment and public accommodations. The Minnesota Attorney General’s “Transgender Rights in Schools” fact sheet notes that high schools cannot prevent a transgender student from using locker rooms that match their gender identity6.
The Minnesota State High School League (MSHSL), which governs high school athletics, adopted a bylaw in 2015 allowing students to participate in sports consistent with their gender identity or gender expression. Under the policy, students seeking to play on teams aligned with their gender identity must provide statements from parents or guardians and health‑care professionals affirming the student’s sincerely held gender‑related identity7.
Federal Pressure and Litigation
In February 2025, President Trump signed an executive order directing that schools receiving federal funds must ban transgender girls and women from girls’ and women’s sports. The EO argued that allowing transgender athletes violates Title IX, a federal law prohibiting sex discrimination in education.
In September 2025 the U.S. Departments of Education and Health and Human Services issued a formal finding that the Minnesota Department of Education (MDE) and MSHSL violated Title IX by allowing biological boys to compete in biological girls’ sports. The agencies demanded that Minnesota rescind its policies, adopt biology‑based definitions of sex, train all staff accordingly, and restore titles and records to biological female athletes within ten days9. Failure to comply, the letter warned, could lead to enforcement actions and loss of federal funding. We cannot ignore the seriousness of these challenges.
Models of Fair Competition
In 2022, British Triathlon banned transgender athletes from the female category in competitive events and created an open category for athletes aged 12 and older, regardless of sex or gender identity. The female category is reserved for athletes assigned female at birth, while the open category welcomes all athletes. This aims to preserve fairness in the female category while providing a competitive outlet for transgender athletes.
Next Steps
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Enact Sex‑Based Divisions for Interscholastic Competition – Enforce biological girls’ and boys’ divisions in interscholastic sports, as mandated by the federal law and consistent with scientific research showing performance differences.
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Create Open Categories – Advocate for the MSHSL to offer an open category or co‑ed events where any student, regardless of sex or gender identity, can participate in competitive athletics.
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Explore Intramural Opportunities – Explore recreational programs not governed by MSHSL. These programs can be co-ed and serve as spaces for transgender students and others who may not wish to participate in competitive athletics.
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Provide Mental‑Health and Safety Support – Recognize that transgender students often face unique mental‑health challenges from bullying and discrimination. Ensure that school are equipped to support all students.
In 1972, Title IX opened the door for generations of girls to step into their own power. My generation inherited a system that gave girls a more equal footing. It isn’t perfect, but it’s precious progress. Our responsibility now is to keep it stable while culture shifts at the speed of social media. Most Americans, by a wide margin, favor divisions based on biological sex, but how we get there matters too. We should be thoughtful and respectful, but we must restore fairness in sports for biologically female athletes.
Research
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Pew Research Center. “Americans have grown more supportive of restrictions for trans people in recent years.” Pew Research Center, February 26, 2025
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Megan Brennan. “Two-Thirds in U.S. Prefer Birth Sex on IDs, in Athletics.” Gallup News, June 10, 2025
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MPR News. “School board members sign letter urging compliance with federal transgender athlete ban.” October 7, 2025
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Alison K. Heather et al. “Transwomen Elite Athletes: Their Extra Percentage Relative to Female Physiology.” International Journal of Environmental Research and Public Health 19, no. 15 (2022): 9103
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Joanna Harper et al. “Longitudinal Performance Changes in Transgender Women Athletes Pre and Post Gender-Affirming Hormone Therapy.” European Journal of Sport Science 25, no. 9 (2025): e70036
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Minnesota Attorney General’s Office. “Transgender Rights in Schools: Frequently Asked Questions.” June 12, 2025
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Minnesota State High School League. “Official Handbook: Bylaws and Policies.” Policy on transgender participation
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Minnesota House of Representatives Public Information Services. “Legislation to bar transgender athletes from girls sports falls short of passage in House.” Session Daily, March 3, 2025
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U.S. Department of Education, Office for Civil Rights, and U.S. Department of Health and Human Services. “Letter of Findings to the Minnesota Department of Education and Minnesota State High School League,” September 30, 2025
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Karen Tolkkinen. “Transgender athletes should not compete with girls, but everyone deserves a place to play.” Star Tribune, October 9, 2025
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Sean Ingle. “British Triathlon creates ‘open’ category for transgender athletes to compete at all levels.” The Guardian, July 6, 2022
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