According to the courts and science, a transgender is someone with “gender dysphoria” or who wants to be the opposite sex but isn’t. To preface this, we know that politicians, college campuses, and even the U.S. military have been pushing a theory that there is no biological difference between males and females since the election of President Biden.
We also know that the military has lower physical standards for females because, in general, biological women are nowhere near as physically powerful, aggressive, or as large as biological males.
“Men have a higher speed and physical strength compared to women. A meta-analysis was conducted on 47 separate studies that measured how far men and women can throw various things. The effect size, i.e., the size of the difference, was significant in this area. . . In many studies, men are both physically and verbally more aggressive than women, with medium effect sizes.” (Source.)
We also know that biological males allowed to compete in female sports dominate and devastate the biological females they compete against, with very few exceptions. Speaking about these truths of male and female differences on social media will likely get you banned for hate speech.
The question many are asking is why? Why don’t they force biological females to pass the same physical standards as males in sports and the military if there are no differences? Why have thousands of years of science been flushed down the toilet in favor of this new, transgender participation rule that men and women are the same, these people ask?
Now we have a young lady battered in a sports game by a biological male with what would be considered superhuman strength for most biological females to possess. On October 22, 2022, footage surfaced of a volleyball match at a high school in North Carolina where a transgender “girl” (a biological male with a gender identification issue) smashed the ball, striking a biological girl on the opposing team, resulting in serious head and neck injuries.
The ball’s estimated speed before it hit the female volleyball player at the Hiwassee Dam High School was around 70 mph, resulting in long-term concussion symptoms. According to the board, their decision to forfeit all games against the team that let males on their team was purely based on safety concerns as they danced around the controversial topic of letting overwhelmingly powerful men pretending to be girls compete in girls’ sports.
However, when such incidents lead to injuries, many people question, “is it negligent to let biological males compete in girls’ sports?”
Texas rules ban transgender students from competing outside their gender in sports teams. However, the loophole in the law allowed transgender athletes, who changed their birth certificates to reflect their gender identity, to still play against female athletes. Conservative lawmakers recently closed that loophole, making Texas the latest state to bar transgender girls and possibly other self-identified strains of LGBTQ youth from automatically participating in women’s sports.
Currently, 18 state legislatures have enacted laws or rules on the transgender athlete ban. Although the bills passed in states protect fairness in sports, they contradict Biden’s executive order on combating discrimination based on gender identity. The executive order overturned Trump’s policies and the rules laid by National Collegiate Athletic Association. California is the only state that protects trans athletes, and more than 15 states have friendly policies toward transgender athletes (unlimited access allowing boys and nonbinary youth to compete against girls in sports.).
There was an argument that letting transgender athletes participate would drive women athletes away from high school and college sports on the playing field due to obvious, undeniable hormone levels. However, that is not the case, as female athletes rose more than 13% nationwide from 2018 to 2019. Even states that do not exclude trans kids from school sports in the university system saw an increase in girls’ participation.
The rise in female and male participation in sports was due to more schools offering comprehensive athletic programs. If you create opportunities for students, it will attract them and allegedly level the athletics playing field.
Now that we’ve debunked the notion that transgender athletes prevent girls’ participation in sports, let’s go to the main issue.
Some advocates and coaches believe that keeping biological males from participating in female sports may be a Title VII of the Civil Rights Act of 1964 issue, especially following the Supreme Court’s decision on the Bostock v. Clayton County, Ga case.
Title VIII pertains to the employment rights of individuals where they cannot be fired based on their sexual orientation. However, the main concern is the Title IX of the Education Amendments Act of 1972, where legislation protects women’s right to participate competitively in education and sports.
Over the years, women fought for their rights to equal athletic opportunities based largely upon differences in the sexes. Before Title IX, women often faced discrimination depriving them of educational opportunities, and allowing males to compete directly with women could continue this discrimination.
Critics believe that young women are becoming spectators in girls’ sports and allowing transgender athletes to push back the progress women have made in the last five decades. Many girls do not like the idea of being forced to share the bathroom or take showers with boys “pretending” to be girls, either.
Those advocating for biological males to participate as females believe that gender is a choice. If a biological male wishes they are the opposite sex, it must be that way. However, medical professionals and sports advocates disagree,
Among psychiatrists and other medical professionals, there is a consensus that if a man believes they are opposite sex does not make it true since it does not fall in line with the biological reality.
They believe that using drugs to suppress hormones does not alter biological sex or eradicate the certain physical advantages males will have against biological females.
Besides physical advantages, there are cognitive and behavioral differences, such as visuospatial skills and tracking objects, between sex differences.
Allowing transgender women to compete against biological females also becomes an ethical issue. Using drugs in competitive sports to alter the physical body is unethical.
The argument here is why drugs that counterfeit female biology should be given a free pass to offer girl protection to boys.
Idaho passed the Fairness in Women’s Sports Act in 2020, preventing biological males from competing against females and preserving equal athletic opportunities for women in girls’ sports. These bills are seemingly based on the fear that transgender students or athletes will dominate over high school girls or biological females, even when there is little to no evidence that this has or will happen.
West Virginia also passed a similar law barring the male sex from competing against women, which gave rise to the case B.P.J. v. West Virginia State Board of Education. A school told their student, B.P.J that she could not join the girl’s cross country or track teams because of the newly enacted bill and B.P.J’s transgender status.
B.P.J’s biological sex was male at birth, but she knew she wanted to be a girl from a young age. In 2019, she started taking puberty-delaying pills after the doctors diagnosed her with gender dysphoria.
All her classmates had accepted B.P.J for who she was, but now because of the law, things suddenly changed for her, prompting her parents to sue the West Virginia State Board of Education. The lawsuit stated that the law violated B.P.J’s 14th Amendment rights and Title IX.
The court found that the law discriminated based on B.P.J’s transgender status and was discrimination under Title IX. These laws try to solve problems that do not seem to exist. There are multiple cases where the courts found that Title IX protects transgender individuals.
In the case where the trans woman smashed the volleyball at 70 mph, causing injuries to the other female player, the question “is it negligent to let biological males compete in girl’s sports?” should not arise.
Regardless of gender, anyone can be held responsible for causing harm to others due to their negligence. In sports, if injuries arise due to a regular act of the game, then there is no liability. But, if a player crosses the line, the injured party can pursue compensation. However, if girls are forced to compete against larger, more powerful men pretending to be girls, liability may exist against the people running the team. This is because girls never consented to play against males, which is why they joined an all female team!
If you suffered injuries in sports due to negligence, contact us at (833) LETS-SUE for a free consultation, as you may qualify for compensation.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.