Blog by Juliette Garofolo, Junior Associate

For decades, the Olympic Games have embodied a shared spirit that unites people worldwide. Yet, as the Milano Cortina 2026 Winter Games approach, emerging legal and ethical challenges are testing that spirit before the Opening Ceremony torch is lit. The International Olympic Committee (IOC) is reportedly considering a “blanket-ban” on transgender women competing in women’s categories.[1] If adopted, this decision would carry significant consequences for international sport.[2]

In 2021, the IOC released its Framework on Fairness, Inclusion, and Non-Discrimination on the Basis of Gender Identity and Sex Variations.[3] Developed after a two-year consultation with more than 250 athletes and stakeholders, the Framework articulated the IOC’s commitment to promoting fairness and inclusion in sport while preventing discrimination based on gender identity or sex variation.[4] It emphasizes that eligibility determinations should be sport-specific and grounded in empirical evidence to ensure fair competition.[5]

The Framework was celebrated as a progressive milestone following the Tokyo 2020 Games, during which Laurel Hubbard and Quinn became the first openly transgender and nonbinary Olympians.[6] Their participation reflected the core values of Olympism and the IOC’s commitment to inclusivity within the Olympic Movement.[7] Yet, just four years later, those values are facing significant challenges.

In September 2025, IOC President Kirsty Coventry established the Protection of the Female Category Working Group to re-evaluate gender eligibility policies[8] in response to claims that transgender women hold a “disproportionate advantage”.[9] Changing the current eligibility policies would effectively dismantle the IOC’s 2021 gender-inclusive framework, thereby exacerbating transphobia and inequality in international sport.[10]

This shift parallels anti-transgender policies in the United States under the current administration.[11] On February 5, 2025, President Donald Trump issued Executive Order 14201, “Keeping Men out of Women’s Sports”, directing federal agencies to withhold funding from educational and athletic programs that allow transgender women to compete in women’s categories.[12] In August, when asked whether Olympic athletes might face genetic testing before the 2028 Los Angeles Olympic Games, President Trump stated, “There will be a very strong form of testing, and if the test doesn’t come out appropriately, they won’t be in the Olympics”.[13] Shortly thereafter, the Department of Homeland Security announced that United States Citizenship and Immigration Services (USCIS) would deny visa entry to any “male athlete” who previously competed in men’s sports and sought to compete in women’s sports in the United States.[14] These actions directly conflict with the Olympic Charter’s anti-discrimination guarantees, which explicitly state that “the practice of sport is a human right”, affirming that every individual is entitled to participate in sport without discrimination.[15]

If the IOC adopts an exclusionary rule against transgender athletes, it will likely face legal and institutional challenges from affected athletes and human rights organizations.[16] Such a policy would also undermine the IOC’s portrayal of the Milano Cortina 2026 Games as the most “gender balanced” Winter Games in history, with women comprising 47% of competitors.[17] Gender balance achieved through the exclusion of transgender athletes is not equity.  By embracing a policy grounded in transphobia, the IOC risks transforming from a symbol of international unity to an instrument of discrimination, thereby jeopardizing its credibility as a champion of fairness and equality in sport.[18]

The IOC’s decision is expected during its next session in early February.[19] Although the policy may not take effect in time for the 2026 Games, it will likely shape qualifications and participation for the 2028 Los Angeles Olympics.[20] As the countdown to Milano Cortina continues, the IOC faces its own internal challenge: Will it uphold the principles of fundamental fairness and inclusion as articulated in its own Charter, or will political motivations and fear dictate participation? When the torch is lit during the opening ceremony, it should shine for every athlete, not just those who fit into a rigid gender binary.

[1] Dan Roan, IOC Moves Closer to Ban on Trans Women in Female Sports, BBC Sᴘᴏʀᴛ (Nov. 10, 2025), https://www.bbc.com/sport/articles/cy4p29j4z70o.

[2] See id. (highlighting the International Olympic Committee’s evolving approach to sex eligibility and transgender participation).

[3] See generally Iɴᴛ’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ., ICO Fʀᴀᴍᴇᴡᴏʀᴋ ᴏɴ Fᴀɪʀɴᴇss, Iɴᴄʟᴜsɪᴏɴ ᴀɴᴅ Nᴏɴᴅɪsᴄʀɪᴍɪɴᴀᴛɪᴏɴ ᴏɴ ᴛʜᴇ Bᴀsɪs ᴏғ Gᴇɴᴅᴇʀ Iᴅᴇɴᴛɪᴛʏ ᴀɴᴅ Sᴇx Vᴀʀɪᴀᴛɪᴏɴs (2021), https://stillmed.olympics.com/media/Documents/Beyond-the-Games/Human-Rights/IOC-Framework-Fairness-Inclusion-Non-discrimination-2021.pdf (describing the goals of the 2021 International Olympic Committee’s Framework on Fairness, Inclusion, and Nondiscrimination on the Basis of Gender Identity and Sex Variations to foster gender equity and fairness in sport).

[4] Fairness, Inclusion and Non-Discrimination in Olympic Sport, Iɴᴛ’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ., https://www.olympics.com/ioc/human-rights/fairness-inclusion-nondiscrimination (last visited Nov. 14, 2025).

[5] Id. 

[6] The Associated Press, First Openly Transgender Olympians are Competing in Tokyo, NBC Nᴇᴡs (July 26, 2021, 9:39 AM EDT), https://www.nbcnews.com/nbc-out/out-news/first-openly-transgender-olympians-are-competing-tokyo-rcna1507.

[7] See Olympic Values- Excellence, Respect, and Friendship, Iɴᴛre-evaluate’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ., https://www.olympics.com/ioc/olympic-values (last visited Nov. 14, 2025) (defining Olympism as a philosophy promoting the balanced development of body, mind, and character, respect for human rights, and the practice of sports without discrimination).

[8] Fit For the Future: IOC President Creates Four New Working Groups, Iɴᴛ’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ. (Sept. 5, 2025), https://www.olympics.com/ioc/news/fit-for-the-future-ioc-president-creates-four-new-working-groups.

[9] See Fairness, Inclusion and Non-Discrimination in Olympic Sport, supra note 4 (defining “disproportionate advantage” as an advantage so large that it undermines fair competition, such as physiological differences between cisgender men and women).

[10] Iɴᴛ’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ., supra note 3.

[11] See Lindsey Dawson, The Trump Administration Executive Order on Gender Continues to Reverberate, Kᴀɪsᴇʀ Fᴀᴍɪʟʏ Fᴏᴜɴᴅᴀᴛɪᴏɴ (Oct. 14, 2025), https://www.kff.org/lgbtq/the-trump-administration-executive-order-on-gender-continues-to-reverberate/ (describing the Trump Administration’s efforts to suppress data collection, research, and reporting related to LGBTQ individuals, particularly transgender health, reflecting the broader administration’s approach to the trans community).

[12] Exec. Order No. 14201, 90 FR 9279 (Feb. 5, 2025), https://www.federalregister.gov/documents/2025/02/11/2025-02513/keeping-men-out-of-womens-sports.

[13] Kyle Feldscher, Trump Says He Wants Strong Testing to Keep Transgender Athletes Out of Women’s Sports at 2028 Olympics, CNN (Aug. 5, 2025), https://www.cnn.com/2025/08/05/sport/trump-task-force-la-olhistoryympics-spt.

[14] See U.S. Citizenship and Immrg. Services, Policy Manual, vol. 2., pt. M, ch.4, §C ¶ 4 (Aug. 4, 2025), https://www.uscis.gov/policy-manual/Gamesvolume-2-part-m-chapter-4#footnote-79 (explaining that when evaluating extraordinary ability in athletics, U.S. Citizenship and Immrg. Services consider prior competition against women by a male athlete as a negative factor in determining whether the individual is among the small percentage at the top of the field); see also US Government Restricts Sports Visas for Transgender Women, Rᴇᴜᴛᴇʀs (Aug. 5, 2025) https://www.reuters.com/legal/government/us-government-restricts-sports-visas-transgender-women-2025-08-04/ (reporting that U.S. Citizenship and Immrg. Services updated its policy to restrict visa eligibility for transgender women seeking to compete in women’s sports, reflecting broader federal efforts to regulate transgender participation in athletics).

[15] Int’l Olympic Comm., Tʜᴇ Oʟʏᴍᴘɪᴄ Cʜᴀʀᴛᴇʀ, (Jan. 28, 2011),‌ https://www.olympics.com/ioc/news/the-olympic-charter.

[16] See Olympics: Secret Process Threatens Fairness and Inclusion, Hᴜᴍᴀɴ Rɪɢʜᴛ Wᴀᴛᴄʜ, (Sept. 30, 2025, 9:00 AM EDT) https://www.hrw.org/news/2025/09/30/olympics-secret-process-threatens-fairness-and-inclusion (criticizing the lack of transparency in the International Olympic Committee’ creation of a Working Group on the Protection of the Female Category, raising concerns about its approach to fairness).

[17] Milano Cortina 2026 Competition Schedules Revealed, Mɪʟᴀɴᴏ Cᴏʀᴛɪɴᴀ 2026 (Dec. 9, 2024, 13:07) https://www.olympics.com/en/milano-cortina-2026/news/milano-cortina-2026-competition-schedules-revealed.

[18] Iɴᴛ’ʟ Oʟʏᴍᴘɪᴄ Cᴏᴍᴍ., supra note 4.

[19]Hunter Reis, Olympics Committee to Make Major Decision About Transgender Athletes, Mᴇɴ’s Jᴏᴜʀɴᴀʟ,  (Nov. 10, 2025, 3:24 PM EDT) https://www.mensjournal.com/sports/olympics-committee-to-make-major-decision-about-transgender-athletes.

[20] Id.