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Indiana Governor Mike Braun has enacted an executive order that prohibits transgender athletes from competing in women’s college sports. This move took place during a ceremony on Tuesday, where he was accompanied by former San Jose State University volleyball player Elle Patterson, who has publicly claimed she lost a scholarship opportunity due to competition from a transgender athlete.
Governor Braun emphasized that this executive order is designed to safeguard fairness in women’s sports. In his statement, he articulated, “Women’s sports create opportunities for young women to earn scholarships and develop leadership skills. Hoosiers overwhelmingly don’t want those opportunities destroyed by allowing biological males to compete in women’s sports, and today’s executive order will ensure that.”
The executive order mandates that Indiana’s state educational institutions adhere to the original 2020 Title IX Rule. This is in direct contrast to the recent reinterpretation by the Biden Administration, which extended protections based on self-identified gender.
The order explicitly states, “This executive order mandates that Indiana’s state educational institutions must comply with the 2020 Title IX Rule rather than the 2024 Biden Administration reinterpretation that extended protections based on self-reported, ever-changing new idea of ‘gender identity.’”
This legislative action aims to maintain the integrity of women’s athletics, ensuring that female athletes are not compelled to compete against biological males. This action seeks to open more opportunities for women in female-only sports leagues.
In addition to the ban on trans athletes, Governor Braun signed another executive order that outright rejects what he termed extreme gender ideology. This order reinforces Indiana’s legal definitions surrounding the terms “sex,” “gender,” “women,” “male,” “citizen,” “individual,” and “person.”
During the signing of the second order, Braun stated, “Today’s executive order will eliminate any confusion regarding our state’s policy on this issue, allowing us to concentrate on my goal to secure freedom and opportunity for all Hoosiers.”
Elle Patterson received recognition during the executive order signing. She previously joined a lawsuit against San Jose State University and the Mountain West Conference, supported by ten other conference players and a former assistant coach, concerning the handling of transgender player Blaire Fleming.
Patterson alleges that despite verbal scholarship offers for the 2023 and 2024 seasons, the university failed to deliver. She highlighted that she paid full tuition for the 2023 season based on the promise of a scholarship for 2024, which the program did not honor, while Fleming was awarded a full scholarship.
In legal documents, Patterson informed her coaches that she could not afford to continue paying out-of-state tuition, room, and board for the upcoming season due to the lack of a scholarship. She stated, “Ultimately, Patterson informed Associate Head Coach Batie-Smoose and Head Coach Todd Kress that she was financially unable to pay for full out-of-state tuition, room, and board at SJSU again in 2024 and therefore would be unable to return to the SJSU Team without a scholarship.”
Despite outlining her financial constraints, Patterson alleges that Todd Kress maintained his stance, denying her a scholarship for the next season while assuring that Fleming would receive substantial support.
Governor Braun expressed his support for Patterson during his remarks, calling her situation unjust. He stated, “It’s just wrong, and leaders need to stand up for young women like Elle. We need to protect their physical safety and the great opportunities that come with that athletic excellence.”
This executive order by Governor Braun arrives promptly after the U.S. Senate’s failure to pass the Protection of Women and Girls in Sports Act. Despite receiving 51 votes from the Republican majority, the bill faced a filibuster by Democrats, who voted against it with a tally of 45.
The issue of transgender athletes in women’s sports has gained significant national attention. Former President Donald Trump previously signed an executive order on this matter in February, with the intent to prohibit trans athletes from participating in women’s sports. Nevertheless, certain Democrat-led states have resisted compliance with this order.
In Indiana, Braun is actively taking measures to ensure adherence to this governing policy, aligning himself with Idaho’s Governor Brad Little, who had issued a similar executive order in August.
As debates surrounding gender identity and its implications for athletics continue to evolve, it remains essential for both policymakers and educational institutions to strive for clarity and fairness. The recent actions in Indiana may set a precedent that influences future legislation across the country.
As the landscape of women’s sports continues to be reshaped, the competing interests of inclusivity, safety, and opportunity will undoubtedly spur continued conversation. The outcomes for athletes like Elle Patterson highlight the personal stakes involved, making it imperative for stakeholders at all levels to engage in a thoughtful dialogue moving forward.