A recent U.S. Supreme Court decision has reinforced the legal standing of laws in 27 states that prohibit biological males from competing in women's sports. However, 23 states currently operate without such legislation, drawing attention to their diverse approaches to transgender athlete participation.
Among these 23 states, 19 explicitly permit transgender athletes to participate in girls' sports. The remaining four states implement restrictions through the policies of state education agencies or athletic associations, rather than through formal state laws.
States Upholding Transgender Inclusion
California, for example, has robust state laws, notably Assembly Bill 1266, which has been in effect for over a decade. These laws explicitly safeguard the rights of transgender students to engage in school programs and athletic teams consistent with their gender identity. Governor Gavin Newsom's office has stated that the Supreme Court's ruling will not alter California's existing framework.
The state highlights several progressive policies, including simplified processes for updating gender markers on official documents and the appointment of multiple transgender judges. California is also noted as one of 22 states with laws mandating transgender students' participation in sports aligning with their gender identity, a law passed in 2013 and signed by Governor Jerry Brown.
California is currently involved in a legal challenge initiated by former President Donald Trump's Department of Justice, stemming from transgender athlete AB Hernandez's victories in girls' state championships in 2025 and 2026.
In Illinois, the Illinois High School Association (IHSA) manages transgender athlete participation through a formal policy. This policy requires students to submit documentation to their respective schools to compete in accordance with their gender identity. Governor JB Pritzker's office responded to inquiries by referencing a post he made on X (formerly Twitter).
"Going after LGBTQ+ kids isn't leadership — it's bullying. Today's decision is a setback for equality in this nation where every student deserves to learn and belong, no matter their gender. To those in the LGBTQ+ community, know that there's a place for you in Illinois," Pritzker wrote.
Illinois allows participation based on gender identity, with protections grounded in broader state anti-discrimination statutes.
States Facing New Debates or Legal Challenges
Nevada currently lacks a state law protecting girls' sports, but Republican Governor Joe Lombardo has been a vocal proponent of legislative change. In light of the Supreme Court's decision, he has announced plans for a renewed effort to pass state legislation.
"Last week, I announced my intention to ask the Legislature to address this issue during the 2027 legislative session. Today’s ruling only reinforces the need for Nevada lawmakers to act. This is no longer a question clouded by legal uncertainty. It is an opportunity for the Legislature to provide a permanent, common-sense solution that reflects both the law and the will of Nevada voters.
"I remain committed to protecting opportunities for female athletes while treating every Nevadan with dignity and respect. I urge lawmakers from both parties to come together and finally settle this issue for our students, our schools, and Nevada families."
The Minnesota State High School League (MSHSL) maintains a policy that evaluates transgender athlete participation on a case-by-case basis, thereby avoiding a blanket ban. Minnesota's state education agencies are also facing a lawsuit from former President Donald Trump's Department of Justice concerning this policy, which followed a transgender pitcher leading a girls' softball team to a state championship in 2025. Governor Tim Walz's office did not provide a comment.
The Maine Principals' Association permits students to compete on teams that match their gender identity, a policy effectively mandated by the state's human rights act. Maine is similarly facing a lawsuit from Trump's Department of Justice regarding these policies, following a widely reported disagreement between Trump and Governor Janet Mills on the issue in early 2025. Governor Mills' office did not respond to a request for comment.
Colorado currently safeguards the right of transgender student-athletes to compete on school and collegiate sports teams aligned with their gender identity. However, voters in Colorado will consider a November 2026 ballot measure that could mandate sports teams based on biological sex. Governor Jared Polis's office did not offer a comment.
Additional States with Inclusive Policies
- Connecticut: The Connecticut Interscholastic Athletic Conference (CIAC) permits transgender student-athletes to participate in sports consistent with their gender identity without restrictions. Governor Ned Lamont's office did not respond to a request for comment.
- Delaware: The Delaware Interscholastic Athletic Association (DIAA) allows participation based on gender identity, although the state has seen recent local and political discussions surrounding the topic. Governor Matt Meyer's office did not respond to a request for comment.
- Maryland: The Maryland Public Secondary Schools Athletic Association (MPSSAA) provides statewide guidance explicitly allowing students to participate in sports in accordance with their gender identity. Governor Wes Moore's office did not respond to a request for comment.
- Massachusetts: The Massachusetts Interscholastic Athletic Association (MIAA) policy states that students shall not be excluded from participating on teams that align with their gender identity. Governor Maura Healey's office did not respond to a request for comment.
- Michigan: The Michigan High School Athletic Association (MHSAA) evaluates transgender student participation on a case-by-case basis, generally supporting inclusion in the absence of a statewide legislative ban. Governor Gretchen Whitmer's office did not respond to a request for comment.
- New Jersey: The New Jersey State Interscholastic Athletic Association (NJSIAA) allows students to participate on teams consistent with their gender identity without requiring medical documentation. Governor Mikie Sherrill's office did not respond to a request for comment.
- New Mexico: The New Mexico Activities Association (NMAA) currently permits athletic participation based on a student's gender identity. Governor Michelle Lujan Grisham's office did not respond to a request for comment.
- New York: Transgender students are protected under the state's Gender Expression Non-Discrimination Act (GENDA), and the state athletic association permits students to play on teams that align with their gender identity. Governor Kathy Hochul's office did not respond to a request for comment.
- Oregon: The Oregon School Activities Association (OSAA) has a formal policy allowing students to participate on athletic teams consistent with their gender identity. Governor Tina Kotek's office did not respond to a request for comment.
- Rhode Island: The Rhode Island Interscholastic League (RIIL) allows participation in sports in accordance with a student's consistently expressed gender identity. Governor Dan McKee's office did not respond to a request for comment.
- Vermont: The Vermont Principals' Association (VPA) explicitly protects the rights of transgender athletes to participate on athletic teams consistent with their gender identity. Governor Phil Scott's office did not respond to a request for comment.
- Washington: The Washington Interscholastic Activities Association (WIAA) maintains a clear, inclusive policy allowing students to participate in athletic programs consistent with their gender identity. Governor Bob Ferguson's office did not respond to a request for comment.
States with Agency-Level Restrictions, No State Law
Four of the 23 states that lack official state laws on the matter have implemented policies through state agencies or high school sports associations that restrict participation in girls' sports.
- Pennsylvania: The Pennsylvania Interscholastic Athletic Association (PIAA) significantly altered its position in early 2025. To comply with federal executive orders concerning Title IX funding, the PIAA rescinded its previously inclusive
