LANSING, Mich. (WILX) – The Michigan High School Athletic Association (MHSAA) is putting an Executive Order barring transgender women from women’s sports on hold while it reviews how it conflicts with the state constitution.

President Donald Trump signed an executive order barring transgender women from female sports. However, the state’s Elliot-Larsen Civil Rights Act which protects against discrimination based on gender identity conflicts with the order. Now MHSAA is waiting for legal advice.

“We are in a position right now where we are awaiting some clarification on potential conflicts between the Executive Order and the Elliot-Larsen Civil Rights Act,” MHSAA’s Director of Communications, Geoff Kimmerly said.

There are more than 170,000 high school athletes that compete across the state every year. According to MHSAA, two transgender athletes competed in female sports this fall. They say they’ve received no waivers for transgender athletes looking to compete in winter or spring sports.

“So there aren’t any students whose participation is being affected right now by this,” Kimmerly said. “Over the last several years” MHSAA on average has received two waivers from transgender girls looking to compete in female sports every year.

State Republicans are concerned that MHSAA not following the new order could result in schools in the state losing out on federal money. Rep. Jason Woolford (R-Howell) introduced legislation that would require K-12 schools in Michigan to separate athletes by biological sex.

“It provides grounds for a lawsuit to any student who is harmed due to the violation of this policy. It’s time for us to stand up for our girls,” Rep. Woolford said.

The proposed legislation would revise the Michigan school code to direct school districts to separate participants in female and male youth sports to female and male sports divisions. It also prohibits state government from investigating or charging a school for enforcing the new law.

Heather Johnson is a fixed-term faculty at Michigan State University’s College of Law. They pointed out that the law applying to only transgender women and not transgender men directly violates federal discrimination law and Title IX. Johnson said they anticipate the order will be challenged legally.

“Trans men are allowed to participate while trans women are not. So, that on its face could be a violation of the equal protection clause of the 14th Amendment,” Johnson said.

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