On Feb 5, President Donald Trump signed an executive order titled "Keeping Men Out of Women's Sports."

"It is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities" by allowing transgender women and girls to participate in school sports, the order said, citing Title IX, the nation's leading gender equity law.

Enacted in 1972, Title IX prohibits sex-based discrimination in federally funded schools. The law applies to admissions, classrooms, and protecting students against sexual harassment, but it is most well-known for how it changed athletics by requiring that women and men be provided equitable opportunities to participate.

Under the Biden administration, the Education Department issued regulations to expand Title IX protections to LGBTQ+ students. The move came in response to the landmark 2020 Supreme Court decision, Bostock v. Clayton County, which broadened legal understanding of "sex discrimination" under employment law. The regulations, which were ultimately blocked by a federal district court, did not address trans athletes' eligibility. 

Trump's order directs the education secretary to update guidance and regulations to clarify that "women's sports are reserved for women" based on definitions of male and female that the White House outlined in a previous executive order. 

Twenty-five states already have laws banning transgender athletes from participating in sports teams consistent with their gender identity. The House of Representatives passed a bill to amend Title IX to prohibit the participation of trans girls in girls sports; it is under consideration in the Senate. 

Trump's order also tells the Education Department to prioritize Title IX enforcement, which can include a revocation of federal funding, against schools that "require" women to compete with transgender women in sports. It also directs all agencies to review and rescind grants from any programs that do not comply.

Historically, states have operated under the threat of having their Title IX funding revoked for not complying with the law. But the federal government has not actually employed funding revocation in response to violations. The Trump administration appears more poised to act: During a Feb. 21 gathering of governors at the White House, Trump told Maine Gov. Janet Mills, a Democrat, that her state must comply "because you're not going to get any federal funding at all if you don't." Mills responded that she would see him in court.

The NCAA said it plans to comply with Trump's order, and had voted on a new policy that "limits competition in women's sports to student-athletes assigned female at birth only."

Trump's move directs agencies to implement this policy, but formal regulations codifying this policy position will likely take some time. In the meantime the Education Department may try to enforce this policy based on existing Title IX regulations, which allow for separate sports teams and facilities based on "sex."

Trump's executive order is already facing legal challenges from two transgender athletes in New Hampshire, and will likely face additional challenges from states with laws that protect transgender student athlete participation.

Trump's executive order marked a move toward his promise to prohibit transgender athletes from competing in women's school sports, but formal changes to Title IX regulations and active enforcement of the policy have yet to come. We rate this promise In the Works.