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Grabiela D. Hernandez
If/When/How Legal Fellow
SisterLove, Inc.
September 3, 2024
Fighting for the Right to Compete:
JayCee Cooper, a transgender woman and athlete, from Minnesota, is fighting for the right to compete, and participate authentically in sports. In 2018, Jaycee began competing in powerlifting as a way to find strength within herself, and community amongst a group of individuals who share a love for the sport.
After working to ensure that she met the stated policies for the 2019 USA Powerlifting (USAPL) Minnesota State Bench Press Championship, and the Minnesota Women’s State Championship, Jaycee was blocked by USALP from competing because she is transgender.
A couple months before the date of the competitions, USAPL revoked JayCees' competition card, thereby disqualifying her from competing in current, and future, USAPL events. USAPL, the United State’s national governing body in the International Powerlifting Federation, reasoned that JayCee could not compete because she would have a direct competitive advantage against cisgender female athletes. Though, at the time of the decision to deny JayCee entry, USAPL had no express policy regarding participation in competition by trangender athletes. In fact, after denying JayCee entry, USAPL released a new policy constituting a retroactive categorical ban on all transgender athletes from participating in USA Powerlifting competitions.
In 2021, JayCee Cooper, then represented by Gender Justice, sued USA Powerlifting after receiving denial of her 2018 request to participate. JayCee alleged the organization violated the Minnesota Human Rights Act, an anti-discrimination law which includes gender identity. In 2023, JayCee received a temporary win at the Minnesota district court level when the court found that USAPL engaged in unlawful discrimination when it excluded her from the USAPL competition. The court ruled that USAPL violated the Minnesota Human Rights Act which protects against sex discrimination in public accomodations, including sports. In July of 2024, the Minnesota Supreme Court announced that it planned to hear the case, however, has yet to schedule oral arguments for the case.
Unfortunately, JayCee is one fish in a sea of transgender athletes that have been scrutinized, and discriminated against, from participating in sports at all levels, including interscholastic and elite-level competitions. Further, many conservative-led states have banned, and/or introduced legislation attempting to ban, transgender people from participating in high school and collegiate sports. According to the Movement Advancement Project, as of February 2024, 25 states across
the country have laws that ban transgender students from participating in sports that align with their gender identity. Currently, 37% of transgender youth (ages 13-17) live in states with laws preventing transgender students from participating in sports consistent with their identity.
Erroneously, decision makers justify discrimination on transgender athletes by claiming that such exclusion is necessary to “protect” cisgender women in sports. However, this claim is unsound and lacks an evidentiary basis. In fact, trans athletes vary in athletic ability just like cisgender athletes. As supported by countless research, a person’s genetic make-up, and reproductive autonomy, are not useful indicators of athletic performance. Further, evidence suggests that cisgender student athletes are comfortable playing alongside transgender athletes, and approve inclusive athletic policies for transgender youth. Mandating transgender athletes to athlete to compete on teams based on their sex assigned at birth, is the same as banning them from athletic competition entirely.
SisterLove believes that sports are about sharing a common dream, whereby all should feel safe to participate authentically without fear of discrimination, scrutiny or violence. Further, we believe that sports teach invaluable, lifelong lessons about teamwork, discipline, and hardwork. No one should be denied the opportunity to pursue their ambitions and dreams simply because of who they are.
For more information on SisterLove, and the reproductive justice movement, go to www.sisterlove.org. Please join us in the fight for our rights and lives, sign up to be a SisterLove E-advocate today.
