The laws that protect women’s sports in the United States operate in overlapping layers: Title IX at the federal statutory level, a February 2025 executive order enforcing it, pending federal legislation, “Save Women’s Sports” statutes in more than half the states, and the participation rules of the NCAA and NAIA. Two cases now before the Supreme Court, argued in January 2026, will set the constitutional ceiling for how far sex-based eligibility rules can go.
Title IX and Its Athletic Requirements
The federal foundation is 20 U.S.C. § 1681, better known as Title IX. The statute bars sex-based discrimination in any education program that receives federal money, which covers nearly every public school and most colleges.1Office of the Law Revision Counsel. 20 USC 1681 – Sex For athletics, that means female students must get a fair chance at participation, not just a name on a roster.
The Department of Education’s Office for Civil Rights (OCR) has used a three-part test since 1979 to check compliance. A school satisfies Title IX by meeting any one of three standards: athletic participation is roughly proportional to enrollment, the school has a history of expanding opportunities for the underrepresented sex, or the school fully accommodates the interests and abilities of the underrepresented sex.2U.S. Department of Education. Q and A: Intercollegiate Athletics Policy Three-Part Test, Part Three A school that fails all three risks losing federal funding.
The implementing regulation at 34 CFR 106.41 lists ten factors OCR weighs in a compliance review, including equipment and supplies, game and practice scheduling, travel allowances, coaching, locker rooms and training facilities, and publicity.3eCFR. 34 CFR 106.41 – Athletics Unequal spending between men’s and women’s programs is not, by itself, a violation, but underfunding what female teams actually need to compete is one of the clearest indicators of noncompliance.
The February 2025 Executive Order
On February 5, 2025, the White House issued an executive order titled “Keeping Men Out of Women’s Sports.” It declares federal policy to rescind funds from education programs that deny women and girls fair athletic opportunities and to oppose male participation in women’s sports “as a matter of safety, fairness, dignity, and truth.”4The White House. Keeping Men Out of Women’s Sports
The order gives the Secretary of Education three tasks. Ensure that the 2024 Title IX rule expanding sex-discrimination protections to gender identity remains vacated. Bring all regulations and guidance in line with the position that women’s sports are reserved for biological females. Prioritize enforcement actions against schools and athletic associations that place male athletes in women’s categories or shared locker rooms.4The White House. Keeping Men Out of Women’s Sports
Every federal agency must review its grants to education programs and pull funding from those out of compliance. The order also calls for the Assistant to the President for Domestic Policy to convene major athletic organizations and state attorneys general within 60 days to coordinate practices.
Federal Legislation in Congress
Congress has moved on the same question through the Protection of Women and Girls in Sports Act of 2025. The House passed H.R. 28 on January 14, 2025, by a vote of 218 to 206.5Congress.gov. H.R.28 – 119th Congress (2025-2026): Protection of Women and Girls in Sports Act of 2025 The bill generally prohibits school athletic programs receiving federal funds from allowing individuals whose biological sex at birth was male to participate in women’s programs. The Senate received the bill on January 15, 2025, and it has not yet received a floor vote. A companion Senate bill, S. 9, was introduced in the same session.6Congress.gov. S.9 – 119th Congress (2025-2026): Protection of Women and Girls in Sports Act of 2025 If either version becomes law, it would set a single federal standard covering every school that takes federal money.
State “Save Women’s Sports” Acts
The state-level movement began earlier than the recent federal push and now covers a majority of states. These statutes require athletic teams at public schools and colleges to be designated by biological sex, most commonly organizing competition into three categories: male, female, and coeducational. Coverage typically runs from kindergarten through college, and several states extend the rules to private schools that compete against public institutions in sanctioned leagues.
The drafting pattern is consistent. Legislatures reserve female athletic categories for biological females and add anti-retaliation provisions shielding schools from penalties by accrediting bodies or government agencies for maintaining sex-separated teams. Some states go further and give individual athletes or their parents the right to sue schools that fail to follow the eligibility rules. That private right of action is a strong enforcement tool because it puts financial accountability in the hands of the person actually harmed.
State laws have a durability that executive orders and agency guidance do not. Repealing one requires a legislative vote, which is why the state route has attracted so much attention even as federal policy shifts.
NCAA and NAIA Participation Rules
The major college athletic associations have moved in the same direction. On February 6, 2025, the NCAA announced that competition in women’s sports is restricted to athletes assigned female at birth, effective immediately. Athletes assigned male at birth may still practice with women’s teams and receive benefits like medical care, but they cannot compete in games or championships.7NCAA.org. NCAA Announces Transgender Student-Athlete Participation Policy Change
The policy also addresses female athletes who begin hormone therapy such as testosterone. They may continue practicing with a women’s team but can no longer compete. If a team allows such an athlete to compete, the whole team falls under mixed-team rules and becomes ineligible for women’s championships. Sports with combined men’s and women’s championships, like rifle, are exempt.7NCAA.org. NCAA Announces Transgender Student-Athlete Participation Policy Change
The NAIA adopted a similar policy limiting women’s sports competition to biological females who have not begun hormone therapy. Athletes on hormone therapy may take part in workouts and team activities but not in sanctioned competition. Competitive cheer and competitive dance are exempt and remain open to all athletes.
One important interaction: the NCAA notes that individual schools retain autonomy over campus-level participation decisions and that local, state, and federal law supersedes NCAA rules.7NCAA.org. NCAA Announces Transgender Student-Athlete Participation Policy Change A stricter state law controls; where a state law is enjoined, the NCAA policy sets the floor.
How Eligibility Gets Verified
Under state laws and association policies alike, eligibility for women’s sports turns on biological sex. The main verification document is the birth certificate issued at or near the time of birth. Many state statutes specifically require the original document rather than an amended version so retroactive changes don’t affect team placement.
A smaller number of state laws include fallback provisions when a birth certificate is unavailable or contested, typically pointing to chromosomal or other genetic markers. The practical concerns with that approach are real. There is no consensus definition of genetic testing in the athletic setting, and the predictive value of chromosomal analysis for eligibility is debated in the scientific literature.8Entertainment and Sports Law Journal. Exploring the Regulation of Genetic Testing in Sport In practice, the birth certificate handles nearly every case, and the check is documentary rather than judgmental.
Enforcement Options for Athletes and Parents
If a school is not following the sex-based rules, there are two enforcement paths: an administrative complaint with the federal government, or a lawsuit.
Filing a Complaint With OCR
OCR accepts Title IX complaints online, by mail, or by email. The complaint has to identify the school, describe what happened, and give enough detail to understand when.9U.S. Department of Education. How to File a Discrimination Complaint with OCR You generally must file within 180 days of the last discriminatory act. If you used the school’s internal grievance process first, you have 60 days after that process concludes to file with OCR.
OCR investigations do not run on a set clock. Some resolve in months and others take more than a year. The 2025 executive order directs the Secretary of Education to prioritize enforcement in cases where male athletes are placed in women’s categories, so complaints on that specific issue may draw faster attention than in prior years.
Filing a Private Lawsuit
Title IX carries an implied private right of action, so individuals can sue schools directly in federal court without first going through OCR. The Supreme Court confirmed in Franklin v. Gwinnett County Public Schools that the full range of remedies is available, including injunctive relief and compensatory damages. Attorney’s fees are available to a prevailing plaintiff under 42 U.S.C. § 1988.
Many state women’s sports laws create their own private right of action, letting athletes or parents sue schools or districts that fail to maintain sex-separated teams. Successful plaintiffs can typically get a court order stopping the violation along with monetary damages and legal fees. State and federal claims can be brought together in the same case.
For athletes in an active eligibility dispute, a preliminary injunction is often the most important remedy because lost playing time and missed competitive seasons cannot be undone after the fact.
Anti-Retaliation Protection
Title IX also prohibits retaliation against anyone who reports a potential violation. Coaches flagging unequal treatment, students filing complaints, and parents raising eligibility concerns are all covered. Punishing someone for speaking up, whether through reduced playing time, loss of a coaching position, or academic retaliation, is a separate Title IX violation.
The Supreme Court Cases Now Pending
The Supreme Court heard oral argument on January 13, 2026, in two cases that will likely set a nationwide framework for sex-based athletic eligibility.10Supreme Court of the United States. Docket for 24-3811Supreme Court of the United States. Docket for 24-43
Little v. Hecox (No. 24-38) reviews Idaho’s Fairness in Women’s Sports Act. The central questions are whether the Equal Protection Clause prohibits a state from limiting women’s sports to biological females and what level of judicial scrutiny applies to such laws. The Ninth Circuit’s use of intermediate scrutiny is itself under review, and the answer will shape how much justification states must offer for sex-based eligibility rules.10Supreme Court of the United States. Docket for 24-38
West Virginia v. B.P.J. (No. 24-43) reviews West Virginia’s Save Women’s Sports Act, which bars individuals born male from competing on girls’ teams in competitive or contact sports. It reaches both Equal Protection and Title IX claims, making it broader in potential impact than the Idaho case alone.11Supreme Court of the United States. Docket for 24-43
Decisions are expected by the end of the current term in mid-2026. Until then, enforceability of state laws varies by federal circuit, with some operating freely and others under injunction.12Congressional Research Service. Gender and School Sports: Federal Action and Legal Challenges to State Laws Whichever way the Court rules, its opinions will govern how the layers of protection described above fit together going forward.