Portland Public Schools (PPS) is navigating a complex situation regarding its policies on transgender student-athletes due to conflicting federal and state regulations.
A letter from attorney C. Robert Steringer of Harrang Long PC, written on April 28, indicates that the district finds itself unable to comply with new federal Title IX interpretations which propose barring transgender student-athletes from participating in girls’ sports and using girls’ bathrooms and locker rooms.
On one hand, Oregon law mandates that student-athletes should compete and utilize facilities corresponding to their asserted gender identity, creating a significant legal contradiction for the district.
Steringer requested the dismissal of a complaint filed with the Department of Education Office for Civil Rights against Portland Schools.
The communication, obtained by The Oregonian/OregonLive through a public records request, highlights the impact of Oregon Department of Education (ODE) guidelines, which prohibit discrimination based on gender identity in school athletics and activities.
According to ODE’s interpretation of state law, schools cannot exclude gender expansive students from participating in athletics that align with their asserted gender identity.
Similar provisions extend to the use of facilities, affirming students’ rights to access restrooms, locker rooms, and showers consistent with their gender identity.
Historically, the federal interpretation of Title IX underwent a significant change following President Donald Trump’s administration, which sought to limit protections for transgender athletes.
In contrast, the Biden administration has positioned Title IX to support the rights of students across various gender identities.
In February, President Trump signed an executive order directing the secretary of education to take action against educational institutions allowing transgender student-athletes to compete in women’s sports.
Steringer’s letter conveys that PPS is in a challenging position, unable to satisfy both federal and state directives simultaneously.
He references a precedent set by the Ninth Circuit Court, which mandates that Oregon high schools allow student-athletes to compete in alignment with their gender identity.
Moreover, the Ninth Circuit had previously ruled against Idaho’s ban on transgender girls participating in sports consistent with their gender identity, identifying such a ban as a violation of the Equal Protection Clause.
The landmark case, Hecox v. Little, determined that barring transgender athletes would not only contravene state laws but also undermine their constitutional rights.
Steringer highlighted that issues emerging from the Hecox v. Little case parallel the new federal guidelines regarding Title IX, as these guidelines have yet to be challenged and upheld by any circuit court.
Consequently, Portland Public Schools finds itself at a crossroads — confronted with discord between state law and the interpretation of Title IX by the federal executive branch alongside discrepancies between the executive branch’s stance and federal judicial interpretations of the same laws.
In late March, the Department of Education’s Office for Civil Rights notified both Portland Public Schools and the Oregon School Activities Association (OSAA) that they were being investigated for potential Title IX violations stemming from a transgender girl competing in a track meet on March 9.
Peter Weber, Executive Director of the OSAA, mentioned that no further communication has been received from the Department of Education since the initial notice.
This situation marks the second consecutive year that Oregon has gained national attention due to the participation of a transgender student-athlete in track and field.
In 2024, Ada Gallagher from McDaniel High School made history as the first known transgender student-athlete in Oregon to win an individual state championship, dominating the Class 6A 200-meter dash.
Her victory was met with controversy, as the crowd reacted negatively, booing during her award ceremony.
At the 2025 state championships, another transgender athlete from Wells faced a similar response when she tied for fifth in the high jump, with fellow competitors declining to accept their medals in protest of OSAA’s policies.
Given the current circumstances, Portland Public Schools finds itself entrenched in a legal and ethical debate over the rights of transgender student-athletes, balancing state mandates with conflicting federal directives.
The landscape of student athletics continues to evolve as legal battles over protections for transgender individuals escalate on both state and national levels.
image source from：https://www.oregonlive.com/highschoolsports/2025/06/portland-public-schools-caught-between-state-federal-transgender-athlete-rules.html
