Culture In Sports Podcast
Hearsay from the Sidelines is a show about the place
where law, sports and culture intersect
Brought to you by Culture in Sports and Seton Hall Law School’s Gaming, Hospitality, Entertainment and Sports Law program.
Listen to all available episodes below and links to additional content.
Special Episode 2: Athletes Struggling With a Crisis of Confidence
Episode Transcript: Click here
Special Episode 1: Loss of Innocence
Episode Transcript: Click here
Episode 8 - The End of the Beginning
Episode Transcript: Click here
This final episode closes with some final thoughts from most of my guests about where this issue currently stands, where it could be headed, and what we should be doing with our concerns in the meantime.
Look for more episodes of Hearsay from the Sidelines coming later in 2024!
Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law
Works referenced:
- Dara E. Purvis, Transgender Children, Teaching Early Acceptance, and the Heckler’s Veto, 72 Stud. L. Pol. Soc’y 219 (2017).
- Dara E. Purvis, Transgender Students and the First Amendment (Forthcoming), 104 B.U. L. Rev. (2024)
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Work referenced:
Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Maayan Sudai (Faculty Profile)
Assistant Professor of Law and of Women and Gender Studies, University of Haifa
Director, Harvard GenderSci Lab
Kurt Weaver
Executive Director, You Can Play Project
Shira Berkowitz (Organizational Bio)
Senior Director of Public Policy & Advocacy, PROMO
Val Moyer
Researcher,Athlete Ally
Podcasts:
Online sources and web links:
- Women's Sports Foundation
- B.P.J. v. West Virginia State Board of Education, No. 23-1078 (4th Cir. 2023)
- John Kruzel, U.S. Supreme Court Sidesteps Fight Over Transgender Student Bathroom Access, Reuters (Jan. 16, 2024)
- A Timing Update on Title IX Rulemaking, U.S. Department of Education (May 26, 2023)
- About Project 2025
- Lindsey M. Burke, Department of Education, Mandate for Leadership: The Conservative Promise, 319 (2023)
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 7 - Strange Bedfellows
Episode Transcript: Click here
In this episode I explore the various factions who, despite their different general ideologies, have united in advocating for the exclusion of trans kids from sports. My guests and I discuss why this presents such a challenge when working to educate and advocate around this issue. I also provide some additional details on one of the largest and most powerful organizations supporting exclusion.
Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Kurt Weaver
Executive Director, You Can Play Project
Shira Berkowitz (Organizational Bio)
Senior Director of Public Policy & Advocacy, PROMO
Bob Boland (Faculty Profile)
Assistant Professor of Law, Seton Hall Law
Court opinions and case documents:
- Boy Scouts of America v. Dale, 530 U.S. 640 (2000)
- 303 Creative LLC v. Elenis, 600 U.S. 570 (2023)
- Masterpiece Cakeshop Ltd. v. Colo. Civil Rights Comm’n, 138 S.Ct. 1719 (2018)
- Dobbs. v. Jackson Women’s Health Organization, 597 U.S. 215 (2022).
- Texas v. Beccera, No. 7:23-cv-00022 (W.D. Tex, Feb. 7, 2023)
- Alliance for Hippocratic Med. v. FDA, 78 F.4th 210 (N.D. Tex, 2023); petition for writ of certiorari granted 12/13/23, Danco Lab’y LLC v. Alliance for Hippocratic Med. et al., No. 23-236 (Dec. 13, 2023)
- Downtown Hope Ctr. v. Anchorage, No. 3:18-cv-00190-SLG (D. Ala., Aug. 16, 2018)
- Soule ex rel. Stanescu v. Conn. Assoc. Schools, No. 21-1365 (en banc) at 22 (2nd Cir., Dec. 15, 2023), available at https://adflegal-live-drupal-files-delivery.s3.amazonaws.com/2023-12/Soule-v-Connecticut-Association-of-Schools-2023-12-15-2nd-Circuit-Decision.pdf
Articles, media, and other materials referenced in this episode:
- About ADF, Alliance Defending Freedom
- Alliance Defending Freedom, Southern Poverty Law Center
- Women’s Sports Policy Working Group
- Jeremy Tedesco et al., Schools Are Not Legally Required to Allow Students to Use Opposite-Sex Restrooms, Showers, and Changing Rooms, Alliance Defending Freedom (Dec. 4, 2014)
- Spencer MacNaughton, Inside the Alliance Defending Freedom, the Anti-LGBTQ Org Where Mike Johnson Spent Almost a Decade, Rolling Stone (Oc. 29, 2023)
- Wolf Submits Public Comments to U.S. Department of Health and Human Services , Women’s Liberation Front (Oct. 4, 2022)
- Our Work, Women’s Liberation Front
- Independent Council on Women’s Sports
- Jon Swaine and Beth Reinhard, Inside the Tactics that Won Christian Vendors the Right to Reject Gay Weddings, Wash. Post (Sept. 28, 2023, 8:00 AM EDT)
- Jim Buzinski, Martina Navratilova to Margaret Court: Don’t Deny Us Same-Sex Marriage, OutSports (Jan 30, 2012, 8:27pm PST)
- You’re Wrong About, Renee Richards with Julie Kliegman, Luminary (June 26, 2023)
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 6 - For the Kids
Episode Transcript: Click here
When I started thinking about how to address the issue of trans exclusion from youth sports, I knew I needed to include the culture/industry of youth sports as part of the discussion. The pressure to compete and perform at a high level in athletics is reaching kids earlier than ever before, facilitated by parents who see success in sports as the ticket to success in life. This episode explores the relationship between the increased parental investment in kids' athletic achievements and the social acquiescence to the exclusion of trans kids from sports.
Kirsten Jones
Peak Performance Coach, Podcast Host, Author
Work Referenced:
Kurt Weaver
Executive Director You Can Play Project
Val Moyer
Researcher, Athlete Ally
Bob Boland (Faculty Profile)
Assistant Professor of Law Seton Hall Law
Other books, articles, cases, and media referenced in this episode:
- Hilary Levey Friedman, Playing to Win: Raising Children in a Competitive Culture (2013)
- Dianna K. Fiore, Parental Rage and Violence in Youth Sports: How Can We Prevent “Soccer Moms” and “Hockey Dads” From Interfering in Youth Sports and Causing Games to End in Fistfights Rather than Handshakes?, 10 VILL. SPORTS & ENT. L. J. 103 (2003)
- Phoebe Friesen et al., Overuse Injuries in Youth Sports: Legal and Social Responsibility, 28 J. Legal Aspects Sports 151 (2018), DOI: https://doi.org/10.18060/22569
- JS Brenner, Overuse Injuries, Overtraining, And Burnout in Child and Adolescent Athletes, 119(6) PEDIATRICS 1242 (2007), DOI: 10.1542/peds.2007-0887
- Complaint, Mears v. Bd. of Educ., No. 13–3154 (NLH–JS), 2014 WL 1309948 (D. N.J. Mar. 31, 2014)
- Complaint, Munck v. Dallas Lacrosse Acad., No. 4:14-cv-173 (E.D. Tex. Mar. 25, 2014)
- Fox Butterfield, Man Convicted in Fatal Beating in Dispute at Son’s Hockey Game, N.Y. TIMES A1 (Jan. 12, 2022)
- Sophie Kaufman, Years-long Defamation Case Settled in Landmark Decision for Youth Sports, SWIM SWAM (July 25, 2022)
- New Survey Identifies Decline of Sportsmanship in Youth Sports According to Parents and Coaches, LIBERTY MUT. INS. (June 2, 2014)
- Elizabeth Heubeck, Parents’ Bad Behavior at School Sports Events Has Gotten Extreme, EDUC. WEEK (Feb. 3, 2023)
- Margo Riser, Flynn’s Push to Make Youth Sports Safer for Officials and Players Clears First Legislative Hurdle, N.J. ASSEMBLY REPUBLICANS (Jan. 19, 2023)
- Justin Jouvenal, To Get Their Kids on the Court, Some Parents Turning to the Courtroom, JACKSONVILLE.COM (Apr. 3, 2015, 7:48 PM)
- Bob Cook, The Roots of a Lacrosse Parent’s Infamous Lawsuit Over His Son’s Playing Time, FORBES (2014)
- Network for Pub. Health, Traumatic Brain Injury in Youth Sports Fact Sheet: Summary Matrix of State Laws Addressing Concussions in Youth Sports (2018)
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 5 - Fair's Fair
Episode Transcript: Click here
One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between sex and strength and sport performance. As I highlighted in Episode 3, this same type of unconsciously biased thinking kept women and girls out of sports and diminished the accomplishments of black athletes.
In this week's episode, I dig into the "science" of unfair advantage in athletics and explore some of the other non-biological advantages in interscholastic sports that exist unchallenged with a diverse panel of guests:
Val Moyer
Researcher Athlete Ally
Work referenced:
- Valerie Moyer, et. al., Examining the Ethics and Impacts of Laws Restricting Transgender Youth-Athlete Participation, HASTINGS CTR. REP.. (June 7, 2023)
Maayan Sudai (Faculty Profile)
Assistant Professor of Law and of Women and Gender Studies, University of Haifa
Director, Harvard GenderSci Lab
Works Referenced:
- Maayan Sudai et al., Law, Policy, Biology, and Sex: Critical Issues for Researchers, 376 SCIENCE 802 (May 2022)
- Maayan Sudai, Toward a Functional Analysis of Sex in Federal Antidiscrimiation Law, 42 HARV. J. L. GENDER 421 (2019)
Kirsten Jones
Peak Performance Coach, Podcast Host, Author
Work Referenced:
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Work referenced:
Other articles, sources, and media referenced in this episode:
- Neel Burton, The Battle of the Sexes, PSYCH. TODAY: HIDE AND SEEK BLOG (July 2, 2012)
- Gina Kolata, Men, Women and Speed. 2 Words: Got Testosterone?, N.Y. TIMES, (Aug. 22, 2008)
- Valerie Thibault et al., Women and Men in Sport Performance: The Gender Gap Has Not Evolved Since 1983, 9 J. SPORTS SCI. MED. 214 (2010)
- Katrina Karkazis and Rebecca M. Jordan-Young, The Myth of Testosterone, N.Y. TIMES, (May 3, 2019)
- Joanna Harper, Race Times for Transgender Athletes, 6 J. SPORTING CULTURES IDENTITIES 1 (2015)
- Conor Skelding, Lia Thomas Dominated by Fellow Ivy League Transgender Swimmer Iszac Henig, N.Y. POST (Jan. 8, 2022)
- EEOC, Guidance CM-625
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 4 - Title IX
This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, but it is not clear that their opportunities to participate in school athletics will be fully protected.
I discussed my thoughts and concerns about the agency language surrounding the proposed rule changes extensively in my interviews and share some excerpts of those conversations with three of them in this episode:
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Work referenced:
- Kimberly A. Yuracko, One for You and One for Me: Is Title IX's Sex-Based Proportionality Requirement for College Varsity Athletic Positions Defensible, 97 N.W. UNIV. L. REV. 731 (2002).
Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Works referenced:
- Erin Buzuvis, "As Who They Really Are": Expanding Opportunities for Transgender Athletes to Participate in Youth and Scholastic Sports, 34 L. & Ineq. 341 (2016)
- Erin Buzuvis, Title IX: Separate but Equal for Girls and Women in Athletics, Oxford Handbook of Feminism and Law in the United States, 388 (Deborah Brake et. al. ed., 2021), https://doi.org/10.1093/oxfordhb/9780197519998.013.25
Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law
Other reports, articles, statutes, rules, rulemaking documents, cases, and administrative materials referenced in this episode:
Reports and Articles
- W.F. Dubé & Davis G. Johnson, Study of U.S. Medical School Applicants, 1972-73, 49 J. MED. EDUC. 849, 850, 858 (1974), DOI: 10.1097/00001888-197409000-00005
- Millard H. Ruud, That Burgeoning Law School Enrollment Slows, 59 A.B.A. J. 150 (1973)
- Meryl Kornfield, Biden’s Tricky Path on Trans Issues, WASH. Post (June 15, 2023, 5:00 am EDT)
- Title IX: Who Determines the Legal Meaning of “Sex”?, CONG. RSCH. SERV. (Dec. 12, 2018), [https://perma.cc/7LV7-4SKC]
- WOMEN’S SPORTS FOUND., 50 YEARS OF TITLE IX: WE’RE NOT DONE YET (2022)
Statutes, Regulations, & Rulemaking Documents
- Education Programs and Activities Receiving or Benefiting from Federal Financial Assistance, 39 Fed. Reg. 22236 (proposed June 20, 1974) (to be codified at 45 C.F.R. pt. 86), available at: https://www.govinfo.gov/content/pkg/FR-1974-06-20/pdf/FR-1974-06-20.pdf.
- 34 C.F.R. § 106.41, available at: https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S41
- Title IX of the Education Amendments of 1972; A Policy Interpretation: Title IX and Intercollegiate Athletics, 44 Fed. Reg. 71413, 71419 (Dec. 11, 1979), available at: https://www.govinfo.gov/content/pkg/FR-1979-12-11/pdf/FR-1979-12-11.pdf
- Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County, 86 Fed. Reg. 32637, available at: https://www.govinfo.gov/content/pkg/FR-2021-06-22/pdf/2021-13058.pdf.
- Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams, 88 Fed. Reg. 22860 (proposed Apr. 13, 2023), available at: https://www.govinfo.gov/content/pkg/FR-2023-04-13/pdf/2023-07601.pdf.
- Gender and Athletics Act, Pub. L. No. 93-380, § 844, 88 Stat. 484, 612 (1974), available at: https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg484.pdf
Cases
- Bostock v. Clayton, 140 S. Ct. 1731 (2020)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)
- Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005)
- Schwenk v. Hartford, 204 F.3d 1187 (9th Cir. 2000)
Administrative Materials
- DEP’T OF COM., BUREAU OF THE CENSUS, School Enrollment in the United States: 1972, P-20 CURRENT POPULATION REP. No. 247 (1973), available at: https://www2.census.gov/library/publications/1973/population/p20-247.pdf
- Letter from James A. Ferg-Cadima, Acting Deputy Assistant Sec’y for Pol’y, Off. for C. R. to Emily T. Prince (Jan. 7, 2015) (on file with Bricker & Eckler, LLP), available at: https://www.bricker.com/documents/misc/transgender_student_restroom_access_1-2015.pdf
- Letter from Catherine E. Lhamon, Assistant Sec’y for C. R., U.S. Dep’t of Educ. and Vanita Gupta, Principal Deputy Assistant Att’y Gen. for C.R., U.S. Dep’t of Just. to Colleague (May 13, 2016) (on file with the U.S. Dep’t of Educ.), available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf
- Sandra Battle Acting Assistant Sec’y for C. R., U.S. Dep’t of Educ. and T.E. Wheeler, II, Acting Assistant Att’y Gen. for C. R., U.S. Dep’t of Just. to Colleague (Feb. 22, 2017) (on file with the Dep’t of Educ.), available at: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf
- Memorandum for Kimberly M. Richey, Acting Assistant Sec’y of the Off. for C. R. (Jan. 8, 2021) (on file with the Dep’t of Educ.), available at: https://www2.ed.gov/about/offices/list/ocr/correspondence/other/ogc-memorandum-01082021.pdf
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 3 - Tarnished Gold
Episode Transcript: Click here
To better understand how and why sports are a part of education, this episode goes back to where they started. Although the culture of youth sports has certainly evolved, the purpose of interscholastic athletics really has not. Today, just like 100 years ago, educators value the role of sport in preparing kids for success in life. But the structures governing competition have always limited who can participate and how they are recognized. Many thanks to all the guests who contributed their thoughts.
This episode features clips from conversations with:
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law Northwestern Pritzker School of Law
Work referenced:
- Kimberly Yuracko, The Culture War Over Girls’ Sports: Understanding the Argument for Transgender Girls’ Inclusion, 67 VILL. L. REV. 717 (2022).
Kirsten Jones
Peak Performance Coach, Podcast Host, Author
Work Referenced:
Val Moyer
Researcher Athlete Ally
Work referenced:
- Valerie Moyer, et. al., Examining the Ethics and Impacts of Laws Restricting Transgender Youth-Athlete Participation, HASTINGS CTR. REP.. (June 7, 2023), https://doi.org/10.1002/hast.1484.
Bob Boland (Faculty Profile)
Assistant Professor of Law Seton Hall Law
Other articles, sources, and media referenced in this episode:
- Susan K. Cahn, Coming On Strong : Gender and Sexuality in Women's Sport (2nd ed. 2012).
- Robert Pruter, The Rise of American High School Sports and the Search for Control: 1880-1930 (2013).
- David K. Wiggins, More Than a Game : A History of the African American Experience in Sport (2018).
- Dean B. Cromwell and Al Wesson, Championship Techniques in Track and Field (1941).
- David K. Wiggins, Great Speed But Little Stamina: The Historical Debate Over Black Athletic Superiority, 16(2) J. Sport Hist. 158 (1989)
- Martin Kane, An Assessment of ’Black is Best’, Sports Illustrated, Jan. 18, 1971.
- Jon Entine, Taboo: Why Black Athletes Dominate Sports and Why We’re Afraid to Talk About It (2000).
- Michael J. Dougherty, Taboo: Why Black Athletes Dominate Sports and Why We’re Afraid to Talk About It, 76(3) Q. Rev. Biology 399 (2001) (book review).
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 2 - State of the Union
Episode Transcript: Click here
Episode 2 looks at the recent legislative push to ban transgender kids from scholastic sports across the country in the context of the anti-trans bathroom bans that preceded it. I also dive into the Soule v. Connecticut case that is so frequently referenced as an example of trans athlete exceptionalism despite the actual facts. There will be more later in the season on the organizations encouraging the passage of sports bans and supporting their defense in court, but my guests in this episode start to shed some light on who they are and what motivates their actions. I extend my deepest thanks to each of the contributors to this episode who shared their knowledge and insights with me.
This episode features clips from conversations with:
Shira Berkowitz (Organizational Bio)
Senior Director of Public Policy & Advocacy, PROMO
Val Moyer
Researcher, Athlete Ally
Work referenced:
- Valerie Moyer, et. al., Examining the Ethics and Impacts of Laws Restricting Transgender Youth-Athlete Participation, HASTINGS CTR. REP.. (June 7, 2023), https://doi.org/10.1002/hast.1484.
Bob Boland (Faculty Profile)
Assistant Professor of Law, Seton Hall Law
Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law
Works referenced:
- Dara E. Purvis, Gender Stereotypes and Gender Identity in Public Schools, 54 U. RICH. L. REV. 927 (2020).
- Dara E. Purvis, Transgender Children, the Heckler’s Veto, and Teaching Early Acceptance, in 72 STUDIES IN LAW, POLITICS, AND SOCIETY 219 (Austin Sarat ed., 2017).
Other articles, cases, and sources cited in this episode:
- Movement Advancement Project, Bans on Transgender Youth Participation in Sports (state laws referenced are linked from the citations tab on this page)
- Kimberly Kindy, Historic Surge in Bills Targeting Transgender Rights Pass at Record Speed, Wash. Post A6 (April 30, 2023).
- Rob O’Dell and Nick Penzenstadler, You Elected Them to Write New Laws. They’re Letting Corporations Do It Instead, USA Today (Apr. 3, 2019)
- Protection of Women and Girls in Sports Act, H.R. 734, 118th Cong. (2023), available at https://www.congress.gov/bill/118th-congress/house-bill/734/text.
- Soule v. Conn. Ass’n of Sch., No. 3:20-cv-00201 (RNC), 2021 WL 1617206 (D. Conn. April 25, 2021), aff’d, 57 F.4th 43 (2nd Cir. 2022) – court filings available via ACLU
- Hecox v. Little, 479 F.Supp.3d 930 (D. Idaho 2020), aff’d, 79 F.4th 1009 (9th Cir. 2023), available at https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/17/20-35813.pdf.
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Episode 1 - More Than a Game
Episode Transcript: Click here
In Episode 1, I start to introduce you to some of the legal scholars and advocates I interviewed in my research. Their remarks all come from recorded interviews that are available in full via provided links. I excerpted these specific portions to frame my approach to discussing the significance of excluding transgender youth from playing sports with their peers. In addition to causing direct harm to individuals, participation bans create broader social harms that we should find extremely concerning. If we value the provision of a well-rounded and robust primary educational experience to all children, then it strikes me as profoundly inconsistent to support cutting trans and non-binary kids out of a significant aspect of that experience. It is important to this issue that we consider what an education consists of, and the role athletics plays in our educational institutions. I am tremendously grateful to each of these individuals for the time they spent, both during their interviews and before.
This episode features clips from conversations with:
Shira Berkowitz (Organizational Bio)
Senior Director of Public Policy & Advocacy, PROMO
Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Works referenced:
- Erin E. Buzuvis, Including Transgender Athletes in Sex-Segregated Sport, in Sexual Orientation and Gender Identity in Sport: Essays from Activists, Coaches, and Scholars 23 (George B. Cunningham ed., 2012).
- Erin Buzuvis, "As Who They Really Are": Expanding Opportunities for Transgender Athletes to Participate in Youth and Scholastic Sports, 34 L. & Ineq. 341 (2016).
- Erin Buzuvis et. al., Sport Is for Everyone: A Legal Roadmap for Transgender Participation in Sport, 31 J. Legal Aspects of Sport 212 (2021).
Dr. Jeremy Piasecki (Organizational Bio)
Executive Director, Culture in Sports
Kurt Weaver
Chief Operating Officer, You Can Play Project
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Works referenced:
- Kimberly Yuracko, Transgender Inclusion and Girls’ Sports: A Look at What’s at Stake, 3 Am. J. L. & Equity 1 (forthcoming 2023).
- Kimberly Yuracko, The Culture War Over Girls’ Sports: Understanding the Argument for Transgender Girls’ Inclusion, 67 Vill. L. Rev. 717 (2022).
Other articles, sources, and media referenced in this episode:
- Dear Schuyler, Should Trans Women Be Included in Women’s Sports? (Apr. 24, 2023)
- Valerie Moyer, GSI Poll: So You Think You Know About Transgender Athletes…, Global Sport Matters (June 11, 2021)
- MM Johns et al., Transgender Identity and Experiences of Violence Victimization, Substance Use, Suicide Risk, and Sexual Risk Behaviors Among High School Students — 19 States and Large Urban School Districts, 2017. 68 Morb Mortal Wkly Rep 67–71 (2019), DOI: http://dx.doi.org/10.15585/mmwr.mm6803a3
- Mack Beggs: 'Change the laws and then watch me wrestle the boys', ESPN (Mar. 2, 2017)
- Mirin Fadar, Andraya Yearwood Knows She Has the Right to Compete, Bleacher Report (Dec. 17, 2018)
- Delaney Parks and Emi Tuyetnhi Tran, Groups Protesting Lia Thomas' Participation in NCAA Championships Met with Counter-Demonstrations, The Daily Pennsylvanian (March 17, 2022, 11:24 pm)
- Athletic Equality Index, Athlete Ally,
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Hearsay From the Sidelines - Season 1 Prologue
Transcript for the episode: Click here
This brief prologue explains a bit about who I am as host and creator of Season 1 of Hearsay from the Sidelines. You can learn more about me as a professional via my Seton Hall Law faculty profile. My interest in creating a podcast focused on the issue of transgender youth inclusion in scholastic sports grew out of a forthcoming article I wrote on podcasting as a medium for legal scholarship (draft available on SSRN). As I explain, I am not a civil rights, gender, or sports law scholar and I have not previously written about transgender issues in any form.
My approach to this season’s focus is framed by my personal beliefs that trans rights must be protected in all aspects of life and that access to sports and physical activity is important for all people, especially kids. Given the progress we have made, both socially and legally, in formalizing legal protections for LGBTQ+ people, I struggle to understand why sports, particularly youth sports, has unearthed such ambivalence about this specific aspect of civil rights for trans people. An organized campaign of lawsuits, state legislative action, and media punditry is the most obvious culprit. Bu the sentiment against trans inclusion runs deeper and certainly implicates a national history of gender inequity, general acceptance of misunderstood science about sex differences, and the cultural elevation of youth athletics to a level of significance not seen in previous generations. This is the tangled knot I want to dive into and start to pull apart. I certainly don’t think I have specific solutions to offer, nor am I confident I can even add anything entirely novel to the conversation. But I hope others will benefit from an exploration of the scholarship, legal issues, and historical context interwoven throughout the debate, and find themselves better positioned to engage with this topic more thoughtfully.
The theme song for Hearsay from the Sidelines Season 1 is “Splendor Dysphoria” by SuperKnova. I want to express my gratitude to the artist for permission to use the song. You can hear more from SuperKnova on iTunes, Spotify, or wherever you stream your music.
Hearsay From the Sidelines Show Teaser
Listen to our new show: “Hearsay From the Sidelines.” Season 1 will explore the debate on trans inclusion in youth sports and consider how exclusion causes, not just individual harm, but broader harms to the goals of equity in education and a more inclusive society.