Law bars NSHE from taking action on transgender college athletes
The NCAA ruled in Feb. that competition in women's sports is restricted to student-athletes assigned female at birth. It's the guidance they issued following President Donald Trump's executive order on college sports and Title IX.
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This topic has reached Nevada's college campuses with the Nevada System of Higher Education discussing it on Thursday.
'The state constitution that all regents take an oath to uphold contains an equality of rights provision,' Lynda King, NSHE's associate general counsel, said. 'I think that it's a wait-and-see approach at this time.'
Regents with the Nevada System of Higher Education sought clarity on transgender athletes in college sports.
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'We don't want to go back to when girls cannot get what they need and be able to be protected along the way,' Susan Brager, NSHE Regent 7 – Clark County, said.
The Mountain West Conference also followed suit to resemble the NCAA's policy on transgender athletes. But Nevada's equal rights law has protections for transgender people.
'Until such time that we have federal law that preempts or overrides that state constitution, we are limited in our ability to advise you,' King said.
Some people at Thursday's meeting wanted regents to take action.
'Records set by dedicated female athletes are being erased by men who are stronger and faster in every available metric,' Deborah Earl said.
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Marshi Smith serves as chair of Lt. Gov. Stavros Anthony's task force on women in college sports. She spoke in support of restrictions on college sports.
'Please take this seriously. Ensure your female athletes have safe and protected sports,' Smith said.
But others at the meeting implored regents to not consider a ban on trans-athletes.
'Trans-athletics in women's sports are not the problem. Sexual assault and abusers are,' Jenna Atncio, a student at the University of Nevada, Reno, said.
Jessica Munger, a representative for Silver State Equality, criticized the efforts to limit transgender people.
'Time should be spent looking into more funding opportunities, hiring women coaches, offering clinics and events, acquiring new equipment, and increasing accessibility for women. Rather than restricting who gets to play,' Munger said. There are several legal hurdles before regents on the Nevada System of Higher Education can vote on whether or not to ban trans college athletes.
Two volleyball players from UNR filed a lawsuit last year against the Mountain West Conference. They alleged their Title IX and 14th Amendment rights were violated after they refused to play against a San Jose State transgender student.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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