Nearly half of the United States have implemented some sort of ban on transgender athletes.
And, a Gallup summer report found that nearly 70 percent of Americans believe that gender assigned at birth should determine people's participation in sports.
Florida is one of the 23 states with such restrictions -- which went into effect back in March of 2021.
On Tuesday in Broward County, high school students held a walkout after their principal was reassigned amid an investigation into whether a transgender student athlete was allowed to compete on a girl's team. So, NBC6 is taking a deeper look into what the state law actually says.
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Has a law been passed to restrict transgender athletes?
In 2021, Governor Ron DeSantis signed SB 1028, which states that the sex for athletic participation must be based on someone's official birth certificate -- filed at or near birth.
This applies to interscholastic, intercollegiate, intramural and club public school settings.
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DeSantis notably signed the legislation on June 1, 2021 -- the first day of Pride Month.
What is Florida's reasoning for such restrictions?
The State of Florida has made its stance clear on sports participation in regards to transgender individuals -- through Florida Statute 1006.205 or the Fairness in Women's Sports Act.
It emphasizes that fairness for women athletic opportunities is an important state interest and that separate sex-specific athletic teams or sports is necessary to maintain fairness for women's athletic opportunities.
Are there accommodations for transgender individuals in sports?
In short, the best shot for transgender individuals to participate in sports with the gender they identify with -- would be through coed or mixed athletic teams.
The Fairness in Women's Sports Act outlines the designation of athletic teams or sports -- saying interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public secondary school or public postsecondary institution must be designated as either for males, females or coed, including both males and females.
Are there potential loopholes?
Individuals who have undergone a female-to-male transition may be able to participate in athletic teams designated for men.
Under the Designation of Athletic Teams or Sports Section in the Fairness in Women's Sports Act, it states that teams or sports designated for males may be open to students of the female sex.
So, this would solely rely on the fact that a transgender man or boy's gender at birth was assigned female.
Alabama has a similar stance -- as athletes assigned female at birth are only allowed to possibly participate on a boy's team if there is not already a similar opportunity for girls -- such as football.
Are there repercussions if transgender athletes participate on a team they identify with?
In Florida, a student is allowed to sue if a school allows a transgender girl or woman to play on a team intended for biological females, according to the Fairness in Women's Sports Act.
In late November, the principal of Monarch High School in Coconut Creek was reassigned amid an investigation into a transgender student athlete playing on a girl's volleyball team, sources told NBC6.
The other 22 states with laws that restrict transgender athletes in some way -- are listed below.
- Alabama
- Arizona
- Arkansas
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- North Carolina
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- West Virginia
- Wyoming
Notable challenges
In July 2023, a federal judge in Arizona reportedly blocked the state law's enforcement due to a lawsuit involving two transgender girls -- which is pending.
In 2022, Indiana made it illegal for athletes assigned male at birth to participate in female sports in from grades K-12. A lawsuit challenging the ban was reportedly dismissed in January 2023 after the plaintiff transferred to a charter school.
A lawsuit involving a 12-year-old track-and-field athlete is pending in West Virginia. The Supreme Court reportedly ruled in April that the child can continue competing in the meantime.
