NCAA erases protections for LGBTQ2S+ athletes amid anti-trans backlash

The NCAA erased non-discrimination protections for LGBTQ2S+ athletes amid ongoing backlash regarding the participation of trans students in college sports.

A new constitution approved by the NCAA’s Board of Governors on Jan. 24 does not include language affirming the collegiate athletics association’s commitment to combating anti-LGBTQ2s+ discrimination. The NCAA’s previous constitution pledged to “promote an atmosphere of respect for and sensitivity to the dignity of every person” on the basis of characteristics like “age, color, disability, gender, national origin, race, religion, creed or sexual orientation.”

“It is the responsibility of each member institution to determine independently its own policy regarding nondiscrimination,” the prior constitution reads.

The NCAA has also removed policies allowing trans female athletes to compete fully in NCAA competitions if they have undergone hormone replacement therapy (HRT) for more than a year. The new rules instead call upon individual sports to determine their own guidelines for trans inclusion, rather than setting a universal standard for participation.

The NCAA claimed that the athletics governing body, which oversees more than 1,200 schools across North America, remains “steadfast in [its] support of transgender student-athletes and the fostering of fairness across college sports.

“It is important that NCAA member schools, conferences and college athletes compete in an inclusive, fair, safe and respectful environment and can move forward with a clear understanding of the new policy,” said Board of Governors Chair John DeGioia in a written statement posted on the NCAA’s website.

LGBTQ2S+ advocates were sharply critical of the new constitution, which they say lacks meaningful safeguards for queer and trans athletes. The Human Rights Campaign (HRC) and Athlete Ally sent the NCAA a letter on Nov. 11 noting that the organization’s “strong commitment to diversity, equity and inclusion is not reinforced by a single line of nondiscrimination policy language” in the draft under consideration at the time.

Jay Brown, HRC’s senior vice president for programs, research and training, says the NCAA never responded to that letter or to its requests for a meeting to discuss concerns with the constitution. “You can’t actually say that you’re committed to inclusion if there’s no policy on the books,” Brown tells Xtra. “There’s no recourse for the athletes to say, ‘The constitution protects me.’ It leaves them very vulnerable.”

Although the NCAA claims that the new constitution was intended to create greater clarity around LGBTQ2S+ inclusion in sport, critics say it only sows further chaos. The NCAA now advises that individual leagues, such as football or baseball, consult their national or international federation if they lack standing policies regarding trans athletes—but many of those sports do not have their own written rules on the subject.

Among the sports currently in limbo is NCAA swimming. The sport has been the target of recent controversy after University of Pennsylvania swimmer Lia Thomas broke records in her first year of competing in alignment with her lived gender. Under NCAA’s newly instituted policies, the sport would look to its governing body, USA Swimming, for guidance. But USA Swimming doesn’t have its trans inclusion policies available online and hasn’t responded to requests for comment, according to NBC News. 

If there are no policies at the national or international federation level, the NCAA recommends using International Olympic Committee (IOC) guidelines as a last resort. Currently, the Olympic regulatory body stipulates that trans women maintain a testosterone level of 10 nmol/L for one year prior to Olympic competition, but the regulations are likely to change (the IOC is in the process of revising its rules).

Joanna Hoffman, Athlete Ally’s communications director, says that one of the many problems advocates have with the new NCAA mandate is that they’re “complicated” and “difficult” to interpret.

“For many of us, we have more questions than answers right now,” Hoffman tells Xtra. “The way that this announcement is worded is very confusing. It references the 2015 IOC guidelines, which have been completely replaced, so it’s unclear why they’re pointing to guidelines that are now considered outdated. It’s all very confusing.”

Advocates say the NCAA’s actions are indicative of its retreat on LGBTQ2S+ issues over the past few years. The NCAA was a leading opponent of North Carolina’s now-defunct bathroom bill, HB2, after it was signed into law in 2016, but notably sat out the debate over anti-trans sports bans in 2021. Last year, eight states passed laws restricting the participation of trans students in K-12 or college athletics.

In October, the HRC called upon the NCAA to prohibit states with discriminatory laws targeting trans athletes from hosting “Final Four” games, but it did not commit to doing so this time around. At least seven NCAA championship matches were pulled from North Carolina in the wake of HB2.

“It’s been their silence that’s been the most challenging piece in this,” Brown says. “In these fights, we need people who are willing to stand up and speak out against discrimination. Sports is something that a lot of us love. It’s a part of our daily lives, and as a trans person, it seems very clear that this isn’t really about sports. It’s about our opponents’ attempt to exclude us from all areas of life.”

The new NCAA guidelines are effective immediately but are being implemented in phases. For the remainder of the 2022-23 season, trans female athletes will be expected to record their testosterone levels at “three predetermined points, including four weeks before championship selection,” according to ESPN.

But even as the NCAA’s actions make life harder for trans athletes, some within the sporting world are continuing to fight for inclusion. Both the University of Pennsylvania and Ivy League have continued to support Thomas in the face of protests against her participation, with the former confirming in a statement that it’s “committed to being a welcoming and inclusive environment for all our student-athletes.

“Lia Thomas has met or exceeded all NCAA protocols over the past two years for a transgender female student-athlete to compete for a women’s team,” the college said. “We fully support all the student-athletes and coaches in our swimming and diving program.”