New Jersey High School Governing Body Refusing to Change Transgender Policy Despite President Trump's Order

NJSIAA defies Trump order, setting the stage for a potential legal showdown with the White House

Sep 27, 2022; McLean, V.A., USA; McLean High School students walk out in protest of Gov. Glenn Youngkin's policy that would restrict the rights of transgender students. Nearly 100 schools across the state held walkouts throughout the day. Mandatory Credit: Josh Morgan-USA TODAY / Josh Morgan, Josh Morgan / USA TODAY NETWORK via Imagn Images

The New Jersey State Interscholastic Athletic Association (NJSIAA), the governing body for high school sports in New Jersey, at its most recent executive committee meeting on Wednesday reaffirmed its transgender athlete policy, according to a report in NorthJersey.com. This stance is in direct defiance of an executive order signed by President Donald Trump that threatens to withhold funds from educational programs that allow transgender women and girls to compete in women’s and girls’ sports.

NJSIAA legal counsel Steve Goodell affirmed the organization’s transgender policy, which was originally adopted in 2009 and amended in 2017, that allows transgender athletes to compete in whatever gender they identify with or the gender they were assigned at birth, but not both. The policy also does not allow an athlete to switch sport genders during a season and indicates the student-athlete must choose a gender before the season starts with no medical testing required.

To clarify, a transgender male (one who was born female but identifies as male) can play girls sports or boys sports, but not both. For example, they could not play boys basketball in the winter, then run track on the girls team in the spring. Likewise, a transgender female can’t play girls soccer in the fall then play boys lacrosse in the spring. A transgender athlete can’t try out for the boys baseball team and then switch to softball if they are cut.

NJSIAA not changing transgender policy for NJ high school sports despite Trump order https://t.co/Z4tXsd4PkY via @northjersey

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The present NJSIAA policy does include a provision permitting schools to challenge the ability of a transgender athlete to compete if they believe it creates an unfair competitive advantage. However, the NJSIAA's legal counsel stated the organization would not be involved in such disputes, leaving it to the school, student, and state to resolve.

“We have had no hearings, no controversies,” Goodell told Darren Cooper of Northjersey.com. “No one has brought to our attention any transgender students. Our policy was designed to be consistent with state law,” said Goodell , emphasizing that the NJSIAA would not get involved in a dispute and that there will be no immediate changes at this time.

Here is the NJSIAA's official state on the matter which was read at Wednesday's meeting:

“The NJSIAA transgender policy was first adopted in 2009. The policy allows a student to participate in sports consistent with their birth sex or gender identity, but not both, and allows a school to challenge a transgender student’s participation if that participation would adversely affect safety or competition. 

NJSIAA does not keep records of transgender students’ participation in sports. To date there have been no hearings, and no controversies about transgender participation have been brought to our attention.

The policy is consistent with state law, and provides a way for schools to meet their obligations under state law; however,

NJSIAA does not take enforcement action against a school that fails to follow the transgender policy. That would be an issue between the school, the student, and the State of New Jersey.”

The NJSIAA approach is in stark contrast, and inconsistent with the NCAA's recent decision which bans transgender women from competing on women's teams. Some two months after NCAA president Charlie Baker told a Senate committee that there are “less than 10” transgender athletes in the NCAA, the organization banned transgender women from competing on women’s teams earlier this month, a determination that NJSIAA transfer rule stands against.

The NJSIAA, according to  Goodell, has not kept records on the number of transgender athletes since the policy was first approved. At the collegiate level, the NCAA, which is governed by member schools in all 50 states, changed its policy after Trump’s executive order.

Michael Cherenson, a spokesperson for the NJSIAA noted to High School On SI, "Since 2009, there have been no hearings, and no controversies about transgender participation have been brought to our attention. Cherenson also pointed to following passage from the NJSIAA transgender policy as a distinction between its policy and that of the NCAA.

"Any member school may appeal the eligibility of a transgender student on the grounds that the student’s participation in interscholastic athletics would adversely affect competition or safety.Any appeal under this paragraph will be heard by the Eligibility Appeals Committee and shall be confidential.The Eligibility Appeals Committee will not consider whether the school has properly determined the student’s sex-assignment."