Senate Blocks Ban on Transgender Athletes, as Trump Pushes Forward

The Washington Post

12:03 JST, March 4, 2025

The Senate on Monday blocked legislation that would have banned transgender girls and women from competing in female sports in elementary school through college. But even without a new law, the Trump administration is advancing the cause, opening investigations and notching victories, particularly in college sports.

The vote was 51-45. The bill needed 60 yes votes on the Senate floor to overcome a Democratic filibuster and advance. That required at least seven Democrats to vote yes; none did.

Backers said the measure would protect women and girls in sports and appeal to a majority of Americans who worry that it is unfair to force girls and women to compete against transgender athletes who might have physical advantages.

“Over the past four years, women’s sports at all levels has been under attack,” said Sen. Tommy Tuberville (R-Alabama).

Democrats countered that this was an issue better left to local communities, where parents and players’ needs and desires can be taken into account.

“I, for one, trust our states, our leagues, our localities to make these decisions without interference from Congress or the president,” said Sen. Tammy Baldwin (D-Wisconsin).

Republicans have made transgender sports a key part of their agenda. The bill was one of the first that House leaders brought to the floor this year. It passed the House on an almost entirely party-line vote.

But the Trump administration has not waited for legislation to pass. It argues that federal law already bars schools from letting transgender athletes compete. President Donald Trump signed an executive order last month that directed the Education Department to inform school systems and colleges that forcing girls and women to compete with trans girls and women amounts to a violation of Title IX, the statute that bars federal funding for schools that discriminate on the basis of sex.

The day after the order was signed, the NCAA revised its policy and limited participation in women’s sports to athletes assigned female at birth – setting the policy for colleges throughout the country in compliance with the administration.

The NCAA said its new rules apply to all athletes, including those who had undergone eligibility reviews under its previous policy, which allowed trans athletes under certain circumstances.

“We strongly believe that clear, consistent, and uniform eligibility standards would best serve today’s student-athletes instead of a patchwork of conflicting state laws and court decisions,” NCAA President Charlie Baker said in a statement. “To that end, President Trump’s order provides a clear, national standard.”

During a congressional hearing in December, Baker had said there were fewer than 10 transgender athletes out of the more than 500,000 college students competing across the NCAA’s three divisions.

Responses from state and local officials in K-12 sports have been mixed. State associations that oversee high school athletics in Wisconsin and Virginia said they would comply with Trump’s order, but others doubled down on their existing policies.

After Trump’s executive order, the Education Department in Maine posted an update informing schools that regardless of messages from Washington, they are expected to follow state law, which bars discrimination on the basis of gender identity and other factors.

“In Maine, we know that every student deserves a safe and equitable school environment,” the notice said. “Research shows that students who feel safe and connected to their schools are more successful in meeting academic and life goals.”

Trump had that pushback in mind when he met with a bipartisan group of governors at the White House last month and directly asked the governor of Maine whether she would comply with his order.

“I’m complying with state and federal laws,” replied Maine Gov. Janet Mills, a Democrat, from across the State Dining Room.

“We are the federal law,” he replied. “You better comply because otherwise you’re not getting any federal funding.”

“See you in court,” she shot back.

“Good, I’ll see you in court,” Trump responded. “I look forward to that. That should be a real easy one.”

That afternoon, the Education Department announced it was opening an investigation into the Maine Education Department and another focused on a Maine school district. It has also begun investigations into schools in Denver and Washington state and into state athletic associations in Minnesota and California.

Litigation is already pending. Last month, two transgender high school students from New Hampshire added Trump administration officials to a suit challenging a state law banning some transgender students from participation in athletics.

The Biden administration held the opposite view of Title IX’s meaning. It argued that discrimination on the basis of sex included discrimination on the basis of gender identity, and issued regulations ordering schools to respect transgender students’ rights. On sports, it held a more nuanced view, proposing a regulation that would have allowed schools to ban transgender athletes in certain cases. The regulation was never finalized.

Meantime, congressional Republicans have been eager to codify Trump’s interpretation of federal law into statute. Trump and other Republicans campaigned heavily on the issue of gender identity and, in particular, trans athletes.

The legislation considered Monday would have denied federal funding to any school from elementary through college that allows trans girls or women to compete.

Republicans argued that female athletes face unfair competition and are not safe when transgender girls and women are allowed to participate in girls’ sports. They also reject the premise that someone born one gender can change to another.

Tuberville, the bill’s sponsor, noted that Trump’s executive order could be reversed by a future president and said legislation is needed. He asked Democratic senators to consider how they would react if their daughters or nieces were forced to compete with transgender athletes.

“How would you feel if they trained for years … all so they could one day have an opportunity to either win a trophy or win a scholarship,” he said, “only to have the opportunity ripped away by a bigger, faster, stronger male athlete?”

Democrats who opposed the bill have called the legislation harmful to children, logistically impractical and distracting from more important matters. Some have noted that the bill would apply to young kids playing for fun as well as highly competitive college athletics, saying those situations should be treated differently.

“Trans people aren’t the reason people can’t afford groceries or health care or housing,” said Sen. Brian Schatz (D-Hawaii). Instead of addressing real problems, he said, Republicans are “going after some of the most vulnerable people in our society.”