Using North Carolina as its lens, this Note will explore the hurdles transgender student-athletes face in the United States. Part One will define what it means to be transgender and the legal issues facing transgender status in the United States. Part Two will discuss the benefits of athletic participation for students, the hardships transgender student-athletes face, and the potential legal protections afforded to transgender student-athletes within the United States under the Fourteenth Amendment and Title IX of the Education Amendments of 1972. Part Three will explore the National Collegiate Athletic Association (NCAA)and high school rules pertaining to transgender student-athlete participation and assess whether these rules violate the Fourteenth Amendment and Title IX. Part Four will analyze House Bill 2 to determine whether it violates the Fourteenth Amendment and Title IX, and, finally, Part Five will assess House Bill142 itself to determine whether it violates the Fourteenth Amendment and whether it provides a workable resolution to the detrimental impact of House Bill 2.
Supplement Note
Published in : Cardozo Arts & Entertainment Law, vol. 36, no. 3 (2018)