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Q33. Does The Law Currently Allow Schools To Distinguish Females From Males Who Identify As Transgender? Can Accommodations Be Developed That Lawfully Provide For Their Conditional Inclusion In Girls’/Women’s Sport?

A33. Formal sex-segregation in sport is the exception to general nondiscrimination law, requiring the exclusion of biological males from most girls’ and women’s sport. There is no case yet that finally resolves the question whether an exception to this general rule should be made for biological males who identify as women and girls. It is standard practice, however, for the courts to permit (and sometimes even to require) accommodations when there are good reasons for doing so, and when this is possible without imposing an undue burden. Thus, accommodations that would allow males who identify as transgender to compete in girls’/women’s sport should be permissible so long as they do not reduce participation, scholarship opportunities, or fair and safe competition for females.