Following a significant U.S. Supreme Court decision, the landscape of transgender athlete participation in women’s sports is under renewed scrutiny across the nation. While 27 states have laws in place that restrict biological males from competing in women’s sports, a notable number of states continue to permit transgender athletes in girls’ and women’s athletic programs. This leaves 23 states without such specific legislation, and among those, 19 actively allow transgender athletes to compete according to their gender identity. The remaining four states manage participation through athletic association rules or educational agency policies rather than explicit state laws.
California’s Stance: Inclusion Remains Key
In California, the existing legal framework, particularly Assembly Bill 1266 enacted over a decade ago, firmly protects the rights of transgender students to participate in school activities, including sports, consistent with their gender identity. Governor Gavin Newsom’s office affirmed that the recent Supreme Court ruling does not alter the state’s established policies. A spokesperson stated, “The Supreme Court’s decision does not affect California’s laws. The state remains committed to ensuring every Californian, including the LGBTQ community, is met with dignity and respect.” The governor’s office highlighted Newsom’s record on expanding transgender rights, citing measures that ease gender marker changes on official documents and the appointment of transgender judges. California was among the 22 states that passed legislation requiring transgender students to participate in sports aligned with their gender identity, with AB 1266 signed into law by then-Governor Jerry Brown in 2013.
However, California’s inclusive approach has drawn federal attention. The state is currently facing a lawsuit from the Department of Justice concerning the participation of transgender athlete AB Hernandez, who reportedly secured two girls’ state championships in 2025 and 2026.
Illinois and Hawaii: Policy-Driven Inclusion
Illinois navigates transgender athlete participation through a formal policy managed by the Illinois High School Association (IHSA). This policy requires students to provide documentation to their schools to compete in line with their gender identity. Governor JB Pritzker’s office shared his public stance on social media, emphasizing that targeting LGBTQ+ youth is not leadership but bullying. He asserted, “Today’s decision is a setback for equality in this nation where every student deserves to learn and belong, no matter their gender. To those in the LGBTQ+ community, know that there’s a place for you in Illinois.”
Hawaii’s approach relies on broader state anti-discrimination laws, allowing participation based on gender identity. The state’s Department of Education confirmed that its athletics policies will continue to align with state law. “The Hawaiʻi State Department of Education will continue to implement its athletics policies in accordance with state law. The Supreme Court’s decision does not change our current policies or practices,” a department spokesperson communicated.
Nevada’s Shifting Landscape and Other States
In Nevada, while no specific state law currently protects girls’ sports, Republican Governor Joe Lombardo is reportedly planning a renewed effort to pass such legislation following the Supreme Court’s ruling. Lombardo stated, “Today’s decision by the United States Supreme Court provides important legal clarity and affirms that states have the authority to protect fair competition in girls’ sports. Nevadans overwhelmingly believe that female athletes deserve a level playing field and the opportunity to compete against other biological females.” He indicated an intention to present the issue to the Legislature in 2027, viewing the ruling as an opportunity for lawmakers to enact a “permanent, common-sense solution.”
Minnesota’s State High School League operates under a policy that allows transgender athletes to compete after a case-by-case evaluation, avoiding a complete ban. This policy is also the subject of a lawsuit by the Department of Justice, stemming from a transgender pitcher’s role in a girls’ softball team’s state championship win in 2025. Governor Tim Walz’s office did not provide a comment.
Maine is facing a similar challenge, with its Principals’ Association permitting competition based on gender identity, a policy reinforced by the state’s human rights act. The state is also being sued by the Department of Justice over these policies, following a notable dispute between Governor Janet Mills and federal officials earlier in 2025. Governor Mills’ office also did not respond to requests for comment.
Other states maintaining inclusive policies include:
- Colorado: Protects the right of transgender student-athletes to compete on teams aligning with their gender identity. A ballot measure in November 2026 could introduce mandates based on biological sex. Governor Jared Polis’s office did not comment.
- Connecticut: The Connecticut Interscholastic Athletic Conference (CIAC) permits transgender athletes to participate without restrictions. Governor Ned Lamont’s office did not respond.
- Delaware: The Delaware Interscholastic Athletic Association (DIAA) allows participation based on gender identity, despite ongoing local debates. Governor Matt Meyer’s office did not respond.
- Maryland: The Maryland Public Secondary Schools Athletic Association (MPSSAA) provides statewide guidance explicitly allowing participation consistent with gender identity. Governor Wes Moore’s office did not respond.
- Massachusetts: The Massachusetts Interscholastic Athletic Association (MIAA) policy ensures students are not excluded from teams matching their gender identity. Governor Maura Healey’s office did not respond.
- Michigan: The Michigan High School Athletic Association (MHSAA) evaluates cases individually, generally supporting inclusion. Governor Gretchen Whitmer’s office did not respond.
- New Jersey: The New Jersey State Interscholastic Athletic Association (NJSIAA) allows participation without requiring medical documentation. Governor Mikie Sherrill’s office did not respond.
- New Mexico: The New Mexico Activities Association (NMAA) permits athletic participation based on gender identity. Governor Michelle Lujan Grisham’s office did not respond.
- New York: Protected under the state’s Gender Expression Non-Discrimination Act (GENDA), the state athletic association allows participation aligning with gender identity. Governor Kathy Hochul’s office did not respond.
- Oregon: The Oregon School Activities Association (OSAA) has a formal policy permitting participation consistent with gender identity. Governor Tina Kotek’s office did not respond.
- Rhode Island: The Rhode Island Interscholastic League (RIIL) allows participation in accordance with a student’s consistently expressed gender identity. Governor Dan McKee’s office did not respond.
- Vermont: The Vermont Principals’ Association (VPA) explicitly protects the rights of transgender athletes to participate on teams consistent with their gender identity. Governor Phil Scott’s office did not respond.
- Washington: The Washington Interscholastic Activities Association (WIAA) maintains a clear policy allowing participation consistent with gender identity. Governor Bob Ferguson’s office did not respond.
Agency-Level Policies and Shifting Stances
Four states operate under policies set by high school athletic associations or state education agencies, rather than comprehensive state laws. Pennsylvania’s Interscholastic Athletic Association (PIAA) revised its stance in early 2025, removing its inclusive policy to comply with federal Title IX funding requirements. The PIAA amended its rules to reference biological sex over gender identity for member schools receiving federal funds, though no state law exists on the matter. Governor Josh Shapiro’s office did not comment.
Wisconsin’s Interscholastic Athletic Association (WIAA) updated its eligibility policy in February 2025, stipulating that only students designated female at birth may compete in girls’ competitions, aligning with federal directives. This constitutes an agency-level ban, despite Governor Tony Evers having vetoed legislative attempts to codify such protections into state law. Governor Evers’ office did not respond.
Alaska’s School Activities Association (ASAA) voted in 2023 to bar transgender girls from high school girls’ sports, a decision prompted by the state’s board of education. While no state law prohibits transgender athletes, this policy change effectively restricts their participation. Governor Mike Dunleavy’s office did not respond.
Virginia lacks a legislative ban, but the administration issued model policies through the Department of Education requiring sports participation to be based on biological sex at birth. Enforcement of these policies largely falls to individual school districts. Governor Abigail Spanberger’s office did not respond to inquiries.
As these differing state and agency policies continue to evolve, the debate over transgender athletes in sports remains a complex and often contentious issue, with legal challenges and legislative efforts shaping the future of participation.
