USOPC Transgender Ban Faces Legal Storm
Trump-Backed Policy Challenged Amidst Intensifying Lawsuits
A new U.S. Olympic and Paralympic Committee (USOPC) policy banning transgender women from women’s sports, enacted in July 2025, is already facing significant legal headwinds. Despite receiving a legal letter from former President Donald Trump’s team asserting compliance with the 1978 Ted Stevens Olympic & Amateur Sports Act, experts predict a wave of court battles.
Legal Experts Foresee Court Challenges
In July 2025, Washington lawyers presented a legal brief to the USOPC, arguing that excluding transgender women aligns with the foundational law governing U.S. Olympic sports. This opinion provided the USOPC the perceived cover to implement its new Athlete Safety Policy. This directive mandates that all 54 national governing bodies revise their rules to conform with Trump’s February 2025 executive order, “Keeping Men Out of Women’s Sports.”
USOPC leadership, including CEO Sarah Hirshland and board chair Gene Sykes, communicated this directive, stating, “As a federally chartered organization, we must follow federal expectations,”
emphasizing the policy’s alignment with the Ted Stevens Act.
Few sports organizations initially had rules that matched the new guidance. USA Fencing was an early adopter, modifying its regulations after a woman opted out of competing against a transgender athlete in Maryland.
Transgender Athletes Poised to Challenge Rule
Jill Pilgrim, a former general counsel for USA Track & Field and an Olympic legal expert, acknowledged the Trump administration’s legal brief as “a well thought‑out, well‑reasoned set of arguments for people who want to look at it from that perspective.”
However, she expressed doubt about the policy’s longevity, adding, “I would be pretty shocked if this doesn’t get challenged”
by a transgender athlete at major events like world championships or Olympic trials.
Shannon Minter, legal director at the National Center for LGBTQ Rights, believes finding a transgender athlete impacted by this policy will not be difficult. He predicts the legal arguments supporting the ban “will be challenged and are highly unlikely to succeed.”
Minter points out that some international federations permit transgender women under specific conditions, which the USOPC cannot unilaterally override.
The standard procedure typically involves an athlete pursuing Section IX arbitration before initiating litigation in U.S. courts. Pilgrim explained that if an athlete prevails in arbitration and the USOPC still enforces a ban, legal action becomes almost inevitable.
This situation echoes broader debates about inclusivity in sports. For instance, World Athletics, the international governing body for track and field, updated its own transgender participation policy in March 2023, restricting transgender women who have gone through male puberty from competing in women’s events (Olympics.com, 2023).
Frequently Asked Questions
What is the USOPC transgender athlete ban?
The U.S. Olympic and Paralympic Committee has introduced a new regulation that prohibits transgender women from participating in women’s sports events.
Why did the USOPC alter its transgender athlete policy?
The USOPC revised its policy following an opinion from Donald Trump’s legal team, which stated the move would not violate the Ted Stevens Act.
Can the USOPC’s transgender athlete ban be contested?
Yes, legal experts suggest that transgender athletes have grounds to challenge the ban through court proceedings or Section IX arbitration.