Three Oregon high school athletes sue over state’s transgender athlete policy 

A lawsuit filed in federal court could determine whether Oregon’s policy allowing transgender athletes to compete in girls’ sports violates Title IX.

Filed on behalf of three high school girls, the lawsuit names the Oregon School Activities Association, Gov. Tina Kotek and three school districts as defendants.

The plaintiffs argue Oregon’s current policy discriminates against girls by allowing biological males to compete in female categories.

“When males who identify as transgender are allowed to compete in categories designated for females, there inherently necessarily becomes a violation that occurs and there is no longer the equal opportunity for the females,” Leigh Ann O’Neill, attorney with the America First Policy Institute, told reporters.

One of the student-athletes, Maddie Eischen, sat out a track meet in April after learning she would be competing against a transgender athlete.

“My motivation for standing up for this is, I just think about all of these young girls in my life that look up to me, and I have a lot of younger cousins, and I just cannot stand by and think about them having to face these situations that I’ve had to go through,” she said.

Eischen is “not anti-trans” and supports finding a better system, she said.

“I think that there should be some solutions like a separate league. It definitely shouldn’t be a battle against these trans athletes. It just is a system that isn’t working, and it’s unfair for women.”

Reacting to the lawsuit, Mikki Gillette of Basic Rights Oregon, a liberal advocacy group, defended males competing in girls’ sports.

“I think we can have, you know, nuanced discussions about, well, how do we solve this? If we really think that there is a lack of fairness happening, how do we solve that? I don’t think it’s by calling girls men. I don’t think it’s by suing to segregate kids from other kids,” Gillette told reporters. “In California, they have this new policy, if a trans girl is competing and she places in the top three, then four medals will be given so that one trans girl and three cis women will be awarded.”

The lawsuit argues one plaintiff lost three times to the same transgender athlete, including at the state championships.

Ada Gallagher, a transgender track runner, won a girls’ track state championship in Oregon last year.

Gallagher missed much of the spring season this past school year with an injury. Unhappy with the widespread opposition to transgender males competing in girls’ sports in the United States, Gallagher plans to move to Canada this year.

Over 30 states now prevent transgender athletes from competing in girls’ sports.

A January 2025 New York Times poll found 79% of Americans don’t support male transgender athletes competing in girls’ sports, while only 18% support it.