McLean County Times

Members of the Illinois Senate Republican Caucus have reached out to U.S. Attorney General Pam Bondi for guidance on ensuring the fairness of girls' and women's sports in Illinois high schools. This request follows inconsistent directives from state agencies and rising concerns about the implementation of Title IX after recent federal actions.

State Senator Chris Balkema highlighted concerns, stating, "The current Illinois rules are subjective and do not provide protection to underage girls and women. Instead, the Illinois High School Association (IHSA) leaves uncertainty regarding who will be in girl’s locker rooms and who women will be competing against in their sports."

The IHSA has indicated that state bodies, including the Illinois Attorney General and the Department of Human Rights, have guided the association to allow athletes to compete according to gender identity. This directive, according to IHSA, might be at odds with federal law.

The letter to Attorney General Bondi from the Republican senators seeks advice on how Illinois schools and athletic associations should comply with President Trump's Executive Order from February 5, titled "Keeping Men Out of Women’s Sports." The order instructs federal agencies to interpret Title IX according to its original intention, which is to protect single-sex sports competitions for biological females.

The senators are asking for clarification on several issues:

- Whether the current Illinois policy allowing biological males in girls' sports violates federal law.

- If this policy endangers the state's federal education funding or could lead to Department of Justice legal action.

- How Illinois can reconcile its policies with both the Executive Order and Title IX.

The IHSA has expressed its challenges, acknowledging the legal ambiguity: "The [Illinois] Attorney General (‘AG’) and, more recently, the Illinois Department of Human Rights (‘IDHR’) have asserted to the IHSA that the Illinois Human Rights Act requires that transgender athletes be permitted to participate in events and programs aligning with the gender with which they identify… Compliance with the Executive Order could place IHSA out of compliance with the Illinois Human Rights Act and vice versa."

Additionally, ongoing legal actions in other states such as Maine, California, and Minnesota have been documented, with the U.S. Department of Justice arguing that allowing biological males in girls' sports could be considered sex discrimination under Title IX, potentially violating federal funding terms.

A copy of the letter to Attorney General Bondi is available for review.