President Trump Issues Executive Order Setting Federal Policy Regarding Transgender Female Athletes

On February 5, 2025, President Trump signed an executive order entitled “Keeping Men Out of Women’s Sports” (the EO). This is the Trump Administration’s fourth executive order modifying legal protections for transgender individuals. It adopts the definitions announced in Executive Order 14168, which defines the term “sex” as an individual’s “immutable biological classification.” The EO sets federal policy regarding transgender female athletes (i.e., assigned male at birth) in both educational institutions and more broadly in sports.

Transgender Female Athlete Participation at Educational Institutions

The EO is intended to prevent transgender female athletes from participating in female sports in educational programs. Specifically, the order announces a policy “to rescind all funds from educational programs” that permit transgender female athletes to participate in female sports. Referring to transgender female athletes, the EO states that “educational institutions and athletic associations” have permitted “men to compete in women’s sports,” which is “demeaning, unfair and dangerous” for female athletes.

The EO directs the Secretary of Education (the Secretary) not to enforce the latest Title IX regulations promulgated by the Biden Administration in April 2024, which have already been vacated by a district court. It also directs the Secretary to draft regulations and guidance that “clearly specif[y] and clarif[y] that women’s sports are reserved for women,” and to resolve pending litigation “consistent with this policy.” In practice, this likely means that the Department of Education will decline to appeal the rulings vacating or staying the April 2024 rule.

In addition, the EO directs the Secretary to “prioritize Title IX enforcement actions against educational institutions” that do not implement policies consistent with the Administration’s guidance. It also requires the Department of Justice to provide necessary resources to pursue enforcement actions.

The EO is certain to prompt litigation under both Title IX and the Equal Protection Clause. Two courts of appeals have held that the Constitution or federal law require educational institutions to allow students to participate in sports consistent with their gender identities. This question may ultimately be bound for the Supreme Court.

Transgender Inclusion Policies More Broadly at Home and Abroad

The EO also announces a policy to “oppose male competitive participation in women’s sports more broadly.” While some sport-specific governing bodies have not adopted official policies regarding transgender athlete participation, others have developed inclusive policies that permit transgender athletes to participate on the team with which they identify.

In response to the EO, the National Collegiate Athletic Association (NCAA) stated that “clear, consistent, and uniform eligibility standards would best serve today’s student-athletes” and “[t]o that end, President Trump’s order provides a clear, national standard.” On February 6, 2025, the NCAA announced a new transgender athlete policy consistent with the EO. The policy applies to varsity intercollegiate sports teams, and provides different criteria for participation on Men’s Teams versus Women’s Teams. Any student-athlete, regardless of sex assigned at birth or gender identity, may participate on an NCAA Men’s Team. The policy limits competition on Women’s Teams to student-athletes assigned female at birth. Individuals assigned male at birth and individuals assigned female at birth undergoing hormone therapy can practice with Women’s Teams. The NCAA policy provides that “schools are subject to local, state and federal legislation and such legislation supersedes the rules of the NCAA.”

The United States Olympic and Paralympic Committee and sports’ national governing bodies are independent non-profits. The EO nevertheless announces several steps the Administration will take to implement its policy aims across the sports industry.

First, within 60 days of the EO (April 6, 2025), the White House will convene two meetings:

1. The first will gather representatives of major athletic associations and governing bodies, as well as female athletes “harmed” by inclusive gender participation policies, to “promote policies” that are consistent with the Administration’s interpretation of Title IX;
2. The second meeting will convene State Attorneys General to identify best practices in “defining and enforcing equal opportunities for women to participate in sports.”

Second, the EO directs the Secretary of State to (1) rescind support for and participation in sports exchanges for female sports in which athlete participation is based on gender “identity and not sex”; (2) promote international rules and norms “to protect a sex-based female sports category”; and (3) “use all appropriate measures” to encourage the International Olympic Committee to amend the standards governing participation in women’s sports, such that eligibility is “determined according to sex and not gender identity or testosterone reduction.”

Finally, the EO directs both the Secretaries of State and Homeland Security to adjust policies as needed to prevent transgender female athletes from entering the United States to participate in women’s sports, citing Section 212(a)(6)(C)(i) of the Immigration and Nationality Act as a possible tool to do so. Pursuant to this provision, individuals are inadmissible to the United States if they willfully misrepresent a material fact or commit fraud to procure a visa. We will need to see how the agencies construe this directive, but it is possible that they will treat a transgender athlete’s identification as a sex other than the one they were assigned at birth as a “material” misrepresentation that can serve as the basis for denying a visa.

Notably, the order does not address transgender boys or men (i.e., assigned female at birth) who wish to participate on male sports teams. Additionally, several states have public accommodations laws that consider gender identity a protected characteristic. For example, California—where the next summer Olympics are set to be held in 2028—offers strong protections to LGBTQ+ athletes under the Unruh Act. The Administration’s efforts to influence nonprofit sports organizations’ gender inclusion policies will therefore likely present difficult legal questions for sporting organizations attempting to balance their obligations under state law and federal guidance. O’Melveny is available to consult with education and sports industry clients working through these difficult issues.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Benjamin M. Aronson, an O’Melveny partner licensed to practice law in New York; Apalla U. Chopra, an O’Melveny partner licensed to practice law in California; Matthew R. Cowan, an O’Melveny partner licensed to practice law in California; Anton Metlitsky, an O’Melveny partner licensed to practice law in the District of Columbia and New York; Pamela A. Miller, an O’Melveny partner licensed to practice law in New York; Steven J. Olson, an O’Melveny partner licensed to practice law in California; Jennifer B. Sokoler, an O’Melveny partner licensed to practice law in New York; Natasha W. Teleanu, an O’Melveny partner licensed to practice law in New York; Meaghan VerGow, an O’Melveny partner licensed to practice law in the District of Columbia and New York; David Cohen, an O’Melveny counsel licensed to practice law in New York; Joshua Revesz, an O’Melveny counsel licensed to practice law in the District of Columbia; Marni Robinow, an O’Melveny counsel licensed to practice law in California; and Anna M. Rotrosen, an O’Melveny associate licensed to practice law in California, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

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