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Lawsuit Involving Trans Athlete in Women’s Sports Contains One Unexpected Element, According to Counsel

Lawsuit Involving Trans Athlete in Women's Sports Contains One Unexpected Element, According to Counsel

On Monday, a Title IX complaint was filed with the Department of Education, and Jessica Steinman, who serves as executive user counsel, mentioned in “Ingraham’s Angle” that there’s also a need to investigate a possible First Amendment violation concerning men competing in women’s sports.

Recently, two Oregon high school athletes competed in the state women’s track and field championships. They decided not to step onto the podium, finishing fifth, because they would have had to share it with a biological male, Leah Rose. Steinman indicated that their request goes beyond just Title IX, mentioning the American First Policy Institute’s concerns for female high school competitors.

“Yes, the US First Policy Institute has asked the Department of Education to investigate the Oregon Department of Education,” Steinman noted. “So you’re right, this is indeed a Title IX issue regarding male and female sports,” she emphasized.

She further explained that during the recent race, female competitors were essentially sidelined, being told to leave if they weren’t willing to participate. “We want them to address these issues immediately, and we know exactly what needs to be resolved,” Steinman said.

After finishing third and fourth, official female athlete Alexa Anderson expressed that they were instructed by officials to “get out of the photo” if they didn’t want to participate, highlighting the frustrations surrounding the situation.

In a letter sent to the department on Tuesday, the American First Policy Institute accused the Oregon Department of Education and the Oregon School Activities Association of adopting and enforcing discriminatory policies against female student athletes based on gender.

Back in February, President Trump signed an executive order opposing the inclusion of biological males in women’s sports, citing safety, fairness, and dignity as key reasons. The order also stated that the U.S. would retract funding from educational programs that failed to provide fair opportunities for women and girls.

Steinman remarked, “This is the very reason the First Amendment exists. Citizens should be able to express their concerns about governmental rights, and these girls weren’t given that opportunity.”

Democrat-led states like Oregon and California still permit biological men to compete in women’s sports, prompting Trump to caution against non-compliance with federal law, especially regarding funding.

On Tuesday, Trump shared on Truth Social about California Governor Gavin Newsom advocating for biological males, like 16-year-old Ab Hernandez, to compete in state championships as a transgender girl. Trump warned that failure to comply with these orders could result in the loss of significant federal funds.

In response to Trump’s funding threats, the California Interscholastic Federation updated its policies, allowing Hernandez to continue competing in the Women’s High Jump Championship under a new entry process.

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