Indiana Governor Issues Executive Order Barring Transgender Athletes from Women’s College Sports
Indianapolis, IN – Indiana Governor Mike Braun has signed an executive order that prohibits transgender athletes from participating in women’s college sports within the state. The move, announced on Tuesday, aims to ensure fairness and protect opportunities for female athletes, according to Braun.
The executive order was unveiled alongside former San Jose State University volleyball player Elle Patterson, who claims she was denied a scholarship due to a transgender athlete receiving preferential treatment. Patterson’s presence underscored the governor’s stance on the issue, emphasizing his concern for female athletes’ access to scholarships and athletic opportunities.
"Women’s sports create opportunities for young women to earn scholarships and develop leadership skills," Braun stated in a news release. "Hoosiers overwhelmingly don’t want those opportunities destroyed by allowing biological males to compete in women’s sports, and today’s executive order will make sure of that."
The order stipulates that Indiana’s state educational institutions must adhere to the 2020 Title IX Rule, rejecting the Biden Administration’s 2024 reinterpretation that extended protections based on self-reported "gender identity." Braun argues that the new interpretation undermines the original intent of Title IX, which was designed to promote gender equity in education and athletics.
"This executive order mandates that Indiana’s state educational institutions must comply with the 2020 Title IX Rule rather than the 2024 Biden Administration reinterpretation that extended protections based on self-reported, ever-changing new idea of ‘gender identity,’" the order states.
In conjunction with the executive order regarding transgender athletes, Governor Braun also signed a second executive order that reinforces Indiana’s legal definitions of "sex," "gender," "women," "male," "citizen," "individual," and "person." This order seeks to establish a clear distinction between biological sex and gender identity, rejecting what Braun described as "extreme gender ideology" and emphasizing the "scientific reality of biological sex."
"Today’s executive order will end any confusion about our state’s policy on this issue so we can focus on my goal to secure freedom and opportunity for all Hoosiers," Braun stated following the signing of the second order.
The governor honored Elle Patterson during the signing event, highlighting her personal experience as a justification for the policy change. Patterson is currently involved in a lawsuit against San Jose State University (SJSU) and the Mountain West Conference, along with 10 other conference players and a former assistant coach. The lawsuit centers on the university’s handling of transgender player Blaire Fleming.
Patterson alleges that SJSU initially offered her a scholarship for the 2023 and 2024 seasons but later reneged on the offer. According to Patterson, she even paid full tuition to play in 2023 with the understanding that she would receive a scholarship for 2024. However, the program allegedly failed to fulfill that promise while awarding a full scholarship to Blaire Fleming.
"Nevertheless, Todd Kress remained firm in his position that Patterson would not receive a scholarship to play on the SJSU Team in 2024, and that Fleming would receive a full scholarship to play on the SJSU Team," court documents reportedly state.
Governor Braun expressed his sympathy for Patterson during his address, asserting that her situation is unjust and requires leadership to protect young women.
"Its just wrong, and leaders need to stand up for young women like Elle," Braun said. "We need to protect their physical safety and the great opportunities that come with that athletic excellence."
The timing of Braun’s executive order coincides with the recent failure of the U.S. Senate to pass the Protection of Women and Girls in Sports Act. While the bill garnered a majority of 51 votes from the Republican party, it was ultimately filibustered by Democrats, who cast 45 votes against it.
The issue of transgender athletes in sports has become increasingly contentious across the United States, with varying approaches being adopted by different states. In February 2020, then-President Donald Trump signed an executive order to prohibit transgender athletes from competing in women’s sports, although some Democrat-led states have resisted compliance.
Governor Braun’s action aligns Indiana with states like Idaho, where Governor Brad Little signed a similar executive order in August 2020. These measures aim to create a clear policy on the issue within their respective states.
The executive orders have sparked both praise and criticism. Supporters argue that they safeguard fairness and protect opportunities for female athletes, while critics contend that they discriminate against transgender individuals and undermine inclusivity. The legal and social implications of these policies remain a subject of ongoing debate.
The debate often centers on the definition of fairness, the potential physical advantages of transgender women who have gone through male puberty, and the rights and inclusion of transgender individuals in sports.
As the landscape surrounding transgender rights continues to evolve, it is likely that further legal challenges and policy adjustments will occur at both the state and federal levels. The decisions made by governors like Mike Braun reflect the complex and deeply divisive nature of this issue in contemporary American society. The situation is further complicated by ongoing legal battles and varying interpretations of Title IX, leaving the future of transgender athletes in sports uncertain.
