Attorney General Ken Paxton released an opinion stating that suspicions of a minor using testosterone as part of gender-affirming care require state sports officials to investigate the student athlete’s eligibility. Questions about testosterone use also require the student athlete to prove eligibility. The Texas Education Agency Commissioner requested the opinion after concerns were raised during a competition by the University Interscholastic League.
If a student athlete is suspected of using testosterone, they must prove their eligibility to compete based on UIL’s rules that bar steroid use. The burden of proof falls on the student athlete, and failure to cooperate can result in ineligibility. Paxton stated that testosterone use for gender-affirming care cannot be considered a valid medical purpose under Texas law.
GLAAD expressed concerns over Paxton’s opinion, stating transgender youth deserve privacy and safety in school. The Human Rights Campaign highlighted how transgender sports bans can harm both trans athletes and cisgender girls. Texas passed laws in 2021 banning boys and girls from competing based on their birth certificates and in 2023 banning men and women from competing in intercollegiate athletics that don’t align with their biological sex.
Paxton defended the laws, stating that Texas recognizes only two genders – male and female. He emphasized the need for schools to uphold obligations to ensure safe and fair competitions. The investigation into schools comes after a hidden-camera video showed discussions about transgender athletes.
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