IHSA says it is ‘seeking clarity’ on conflicting state and federal law regarding transgender participation in athletics

BLOOMINGTON, Ill. — The Illinois High School Association (IHSA) published a letter on Tuesday to state representatives explaining its decision to allow transgender participation in athletics.

President Donald Trump signed an executive order on Feb. 5 intended to ban transgender athletes from participating in girls’ and women’s sports. The order, titled “Keeping Men Out of Women’s Sports,” gave federal agencies wide latitude to ensure entities that receive federal funding abide by Title IX in alignment with the Trump administration’s view, which interprets “sex” as the gender someone was assigned at birth.

“With this executive order, the war on women’s sports is over,” Trump said.

Several State Representatives, including Kyle Moore (R-Quincy) from the 99^th District, signed a March 18 letter addressed to Craig Anderson, executive director of the IHSA, about the policy.

“It is our understanding that the IHSA has communicated, prior to these orders, a policy the establishes a process for ‘transgender athletes whose gender identity differs from their sex assigned at birth’ to seek eligibility for the opposite sex’s sport,” the letter read. “Your communication went further to state that the IHSA provides this process so that these individuals can ‘compete in alignment with their gender identity.

“We are writing to you to request that you provide a written response to the undersigned legislators detailing your intent to amend policy to comply with federal directives prohibiting athletes from participating in single-sex sports opposite of their sex assigned at birth.”

The IHSA’s response said, “The Illinois Attorney General (Kwame Brown) and the Illinois Department of Human Rights have asserted that the Illinois Human Rights Act requires that transgender athletes be permitted to participate in events and programs aligning with the gender they identify. As a result of the foregoing, compliance with (Trump’s) executive order could place the IHSA out of compliance with the Illinois Human Rights Act and vice versa.”

The letter, signed by Anderson and IHSA Board President Dan Tully, said the IHSA desires to comply with the law and “takes no position as to which of the foregoing is correct or whether there can be alignment between claimed federal and state law.”

“We therefore urge that state officials, including the legislature, the governor and the attorney general, work together with federal authorities to provide a clear direction on this issue,” the letter said.

IHSA figures show two biological boys participated in girls sports during the 2023-24 school year. Three biological boys participated in girls’ sports this school year — tennis, soccer and track and field. The IHSA has approximately 320,000 athletes at approximately 800 member schools

The IHSA’s transgender policy, per its stated policy, is applied on a case-by-case basis. It only affects state athletes during postseason competition leading to state tournaments. Each school is responsible for controlling participation during the regular season.

In making a ruling about participating before a state series event, the IHSA considers whether the claimed gender identity is bona fide and/or for the purpose of gaining competitive advantage, and whether allowing eligibility would be inconsistent with concepts of fairness in competition or present a risk of injury to the participants.

The Associated Press reported Trump’s order authorizes the Education Department to penalize schools that allow transgender athletes to compete, citing noncompliance with Title IX, which prohibits sexual discrimination in schools. Any school found in violation could potentially be ineligible for federal funding.

The order is the latest of a series of moves by the Trump administration targeting transgender people. Previous moves have sought to have the federal government reject the idea that people can transition to a gender other than the one assigned at birth. He’s also opened the door to barring transgender service members from the military, called to end federal health insurance and other funding for gender-affirming care for transgender people under age 19, and restricted how lessons on gender can be taught in schools.

The order came a day after three former University of Pennsylvania teammates of transgender swimmer Lia Thomas filed a lawsuit accusing the NCAA, Ivy League, Harvard and their own school of conspiring to allow Thomas to compete at conference and national championships. The lawsuit, which makes similar allegations to those filed last year by Gaines and others, alleges the defendants violated Title IX by allowing Thomas to swim “and acted in bad faith.”

Reuters reported on Wednesday that the Trump administration sued Maine for refusing to ban transgender athletes from participating in women’s and girls’ sports. The lawsuit alleges that Maine is violating Title IX by allowing transgender female athletes to participate in girls’ and women’s sports. It cites two instances in which transgender athletes won girls’ competitions, including a pole vaulter who won the state indoor track and field state championships in February.