Weaponizing Sport: Exploring the Legal and Policy Implications of Menstrual Tracking for Transgender and Nonbinary Athletes

The intersection of gender identity, sports participation, and health care is increasingly under scrutiny within legal and policy spheres. Specifically, the practice of tracking U.S. high school athletes’ menstrual cycles sustains concerning implications for gender-based discrimination, particularly affecting transgender and nonbinary athletes. This paper examines the legal and policy implications of menstrual tracking in high school athletics, highlighting the potential violations of privacy rights and discrimination against athletes of diverse gender identities. By analyzing existing laws, regulations, and case law, the paper explores the complexities surrounding the practice of menstrual tracking and calls for more inclusive and equitable sports policies. Additionally, it addresses gaps in privacy protections under the Family Educational Rights and Privacy Act and Health Insurance Portability and Accountability Act, emphasizing the need for updated regulations to safeguard students’ health-related data in digital environments.