To the Editor:
Re “The Legal Foundation of Women’s Sports Is Under Fire,” by David French (column, June 26):
If courts agree with Mr. French that substituting gender identity for biological sex as the “determining factor” in athletics eligibility “will undermine both the practical and legal basis for women’s sports,” they will confirm the adage that hard cases make bad law.
Examples of problematic participation of transgender athletes are extraordinarily rare. By one estimate, “out of 200,000 women in college sports at a given time, about 50 are transgender.”
Nor is participation a given. In line with the Olympic framework, the N.C.A.A. follows a “sport by sport approach.” By evaluating testosterone levels and other factors, the N.C.A.A. aims to preserve “opportunity for transgender student-athletes while balancing fairness, inclusion and safety for all who compete.”
The Biden administration’s proposed Title IX rule also allows schools to prohibit transgender athletes from competing if it would undermine fairness or create undue risks of injuries.
Transgender Athletes in Women’s Sports
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