"A U.S. Supreme Court transgender discrimination case could carry unintended consequences for female athletes, the authors argue.
This fall, the U.S. Supreme Court takes up the case of R.G. & G.R. Harris Funeral Homes v. EEOC. The case involves the contours of Title VII’s prohibition on sex discrimination in employment, but will have broad implications for women and girls who participate in competitive sports. "
Changing the definition of “sex” to mean “gender identity” in federal law has widespread consequences. For one, it would require employers to treat men who perceive themselves to be women as if they are, in fact, women – unless those employees don’t “meet the expectations” of what women “[t]ypically” look like. This is an impossible standard that would force employers to engage in the very stereotypes the law is supposed to prohibit.
Beyond that, changing the meaning of “sex” would greatly impact women and girls. It would allow for women’s scholarships to be given to men who perceive themselves to be women. It would force girls to compete in sports against boys who identify as girls, which denies them a level playing field. And it would force organizations to open women’s shelters, locker rooms, restrooms, and showers to men who perceive themselves to be women."