Congressional hearing set to tackle transgender participation in women’s sports as athletes report injuries and suspensions for speaking out against current policies.

At a Glance

• A hearing titled “Unfair Play: Keeping Men Out of Women’s Sports” will be held on May 7, 2025, chaired by Rep. Marjorie Taylor Greene
• USA Fencing Board Chair Damien Lehfeldt has been subpoenaed after refusing to appear voluntarily
• Witnesses include Stephanie Turner, suspended after protesting competing against a biological male, and Payton McNabb, who suffered injuries competing against a transgender athlete
• The hearing will examine policies allowing transgender women in female sports and potential violations of federal law including Title IX
• 25 states have already passed laws restricting transgender participation in sports aligned with gender identity

Congressional Investigation into Women’s Sports Fairness

The House Subcommittee on Delivering Government Efficiency (DOGE) has scheduled a hearing for May 7, 2025, to examine policies allowing biological males to compete in women’s sports. The hearing, titled “Unfair Play: Keeping Men Out of Women’s Sports,” will investigate whether current transgender participation policies contradict federal laws, particularly Title IX provisions designed to protect women’s athletic opportunities. Chairwoman Marjorie Taylor Greene has taken the unusual step of issuing a subpoena to USA Fencing Board Chair Damien Lehfeldt, who declined to appear voluntarily.

The hearing comes as states across the nation grapple with transgender sports participation policies. To date, 25 states have enacted legislation prohibiting transgender children from participating in sports teams aligned with their gender identity. These state-level actions reflect growing concerns among parents, athletes, and lawmakers regarding competitive fairness and safety in women’s athletic competitions.

AOC: Barring biological males from women's sports will result in 'genital examinations' for girls

U.S. Rep. Alexandria Ocasio-Cortez, D-N.Y., decried efforts to "marginalize" transgender Americans during a House hearing in which she made the claim that women in sports will have… pic.twitter.com/wzbpCsxy1Z

— BPR (@BIZPACReview) December 6, 2023

Athletes’ Personal Experiences Driving the Debate

Two female athletes scheduled to testify bring firsthand experiences to the hearing. Stephanie Turner, a competitive fencer, was suspended after protesting against competing with a biological male at a USA Fencing tournament. Her suspension has raised questions about the rights of female athletes to voice concerns over competitive fairness without facing organizational penalties. Turner’s testimony is expected to address both the competitive disadvantages she faced and the repercussions for speaking out.

Payton McNabb’s testimony may prove even more compelling, as she reportedly suffered severe physical injuries after competing against a biological male in high school volleyball. McNabb’s experience highlights the safety concerns that many parents and female athletes have raised regarding differences in physical capabilities between biological males and females, regardless of hormone treatments or other gender-affirming measures. Her injuries exemplify why many medical professionals and sports scientists continue to debate appropriate participation guidelines.

Title IX’s Evolving Interpretation

Title IX, enacted over 50 years ago, has dramatically expanded athletic opportunities for American women. Since its passage, three million additional high school athletic opportunities have opened for female athletes, contributing to measurable health benefits including reduced risks of breast cancer and obesity. However, disparities persist, particularly for women of color, with only 4% of collegiate athletic directors being BIPOC women and high school boys still receiving approximately one million more sports opportunities than girls.

NCAA President Charlie Baker has acknowledged the need for clearer direction, stating that “guidance either on the regulatory side or on the statutory side would be very helpful.”

Baker noted that among 510,000 total collegiate athletes, fewer than 10 identify as transgender. Despite these small numbers, congressional action has already begun, with the House passing legislation in April 2023 to withhold federal funds from schools allowing transgender women in women’s sports, citing potential Title IX violations. This legislation reflects growing concerns that biological differences may undermine the competitive fairness Title IX was designed to protect.

Legal Complexities and Future Implications

The hearing occurs against a backdrop of complex legal considerations. Critics of transgender restrictions argue these measures may violate anti-discrimination laws and fail to account for intersex students. Legal challenges to state bans contend they violate both Title IX and the Equal Protection Clause, with some suggesting these restrictions also constitute race discrimination. Proposed federal rulemaking aims to prohibit categorical bans on transgender students in sports while allowing for certain restrictions related to educational opportunities.

Scholar Illias Bantekas has raised concerns about “unknown potential health hazards” related to transgender participation policies, while civil rights advocate Fatima Goss Graves maintains that “discrimination based on sex, including discrimination against transgender, nonbinary, and intersex people, remains illegal, and it cannot be legalized through this executive order.”

The May 7 hearing, scheduled for 2:00 PM ET at the Capitol Visitors Center, will be livestreamed for public viewing. As collegiate and Olympic sports governing bodies continue developing their own transgender participation policies, this congressional examination may significantly influence the future regulatory landscape for women’s athletics nationwide.