Ranking Member Cassidy Provides Update on Title IX Investigation, Impacts of Biological Males Competing in Women’s Sports

WASHINGTON –  U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, provided an update on the first stage of his investigation into the impact of President Biden’s proposed Title IX reforms allowing biological males to compete in women’s sports. Numerous interviews with female athletes performing at the highest levels found themes of unfairness, anguish, and mental stress arising from competing against biological male athletes who have an inherent physical advantage. These female athletes came forward to discuss their experiences with the Committee despite fear of retaliation and retribution, underscoring the strength and perseverance of these female athletes in the face of great personal difficulties. 

Last year, the Biden administration released its proposed Title IX rule that forces schools to allow biological males to compete in women’s sports or risk losing federal funds. While the Title IX rule has yet to be finalized, schools and athletic associations have implemented their own policies that undermine women’s sports across all levels. Currently, the National Collegiate Athletic Association (NCAA) allows male athletes to compete in women’s sports if they complete a calendar year of testosterone suppression treatment and maintain certain serum testosterone levels for their individual sports, among other requirements. To better understand the impact of these policies on women’s sports and the athletes themselves, Cassidy initiated an investigation in June 2023.  HELP Committee GOP staff have interviewed 43 people thus far, including 16 female athletes and 10 parents, as well as coaches, medical doctors, academics, and other industry professionals.  

During the first phase of the investigation, respondents provided firsthand accounts showing the clear physiological advantage that male athletes who identify as transgender have over female athletes. A collegiate cyclist who competed against a biological male explained that during a race, “it seemed like he almost wanted the satisfaction of being physically next to you. He was breathing through his nose, cruising along easily and keeping pace...as soon as you would sprint, he’d take off.” A collegiate swimmer who recently placed second in a 2023 race against Ramapo College swimmer Meghan Cortez-Fields, a biological male, said she was “very frustrated” over the clear physical disadvantage in the competition that allowed Cortez-Fields to easily win the race against the other female competitors. 

The physiological advantage is not only deeply unfair, but poses serious safety risks to female competitors. Committee staff interviewed Payton McNabb, a former high school volleyball player who was severely injured when a biological male athlete spiked a ball in her direction, causing her to suffer a concussion and neck injury. The injury not only ended her career as an athlete, but resulted in partial paralysis on the right side of her body.  

Additionally, female athletes told Committee staff that they were forced to share locker rooms with male athletes who identified as transgender, sometimes without prior notice. At the 2022 NCAA National Championships, NC State Swimmer Kylee Alons confirmed that she was required to share a locker room with Penn swimmer Lia Thomas, a biological male, and described it as “uncomfortable and violating.” The collegiate swimmer who competed against Meghan Cortez-Fields noted that Cortez-Fields was “in the locker room” with the other female athletes and that “[t]he most uncomfortable part of that was showering and [Cortez-Fields] being there, as well.” 

Committee staff learned that the unfair advantage of athletes who identify as transgender can have significant psychological impacts on the female athletes who face them in competition. Some of the female athletes described feelings of hopelessness and wanting to quit the sport they love because they are unable to compete against biological male athletes who have an inherent physical advantage. One collegiate cyclist considered withdrawing from the national championships after losing to a male athlete in earlier races. Dr. Larry Maile, the President of USA Powerlifting and a clinical psychologist, told Committee staff that it is “demoralizing for women to know that no matter how hard they train … they can’t ever win.”  

Many respondents told Committee staff that they feared speaking out about the effects of transgender athletes in women’s sports due to retribution. Specifically, two coaches who participated in the investigation lost their positions due to speaking out on the issue, including Kim Russell, who was removed as head lacrosse coach at Oberlin College after she shared support for female athletes on social media.  

“Many of the women we interviewed think that the needs and concerns of women are being marginalized relative to men,” said Dr. Cassidy. “The Biden administration talks about the mental health of the transgender individual as the reason they're pushing this agenda, but they’re totally ignoring the mental health and the feelings of fairness of the women competing.” 

“Title IX has been about making sure women have a fair shake in athletics relative to men. This would be the death of Title IX,” continued Dr. Cassidy.   

Institutions that have established their own policies around transgender athletes stated that they were in compliance with the requirements set forth by the NCAA. Cassidy launched the second phase of this investigation, sending a letter with U.S. Senator Tommy Tuberville (R-AL) to the NCAA seeking more information on its policies related to transgender athletes and if they have ever used enforcement action against institutions for not adhering to these policies.  

Additionally, Cassidy and Tuberville requested information from the Department of Education (DeptEd), asking whether it has provided guidance to schools, athletic associations, or other stakeholders to influence decisions on transgender athletes in line with its proposed Title IX rule. As a physician, Cassidy previously expressed concerns to the administration that the proposed rule blatantly ignores physiological differences between men and women and will undo Title IX’s progress for generations of women and girls participating in school sports. 

Read the full update here.  

Read the full letter to NCAA here. 

Read the full letter to DeptEd here.  

For all news and updates from HELP Republicans, visit our website or Twitter at @GOPHELP.