Women’s sports have taken off in recent years, and the thriving market for women’s sports apparel is proof.[1] More people are watching, investing, sharing on social media, and participating than ever before.[2] Athletes like Serena Williams and Caitlin Clarke have proven that women’s sports can thrive on a global stage alongside their male counterparts.[3] As visibility grows, women athletes are becoming bigger stars, opening the door to greater sponsorship opportunities and better access to top-tier performance gear.[4] It is a win-win: athletes get the high-quality apparel they need to perform at their best, while consumers enjoy more inclusive and diverse sportswear options.[5] In 2023, the global women’s sports apparel market was valued at $42.24 billion, with projections to reach $50 billion by 2027.[6] Major sporting events have contributed to this growth, such as the 2019 FIFA Women’s World Cup,[7] which averaged about eighty-two million television viewers,[8] and the Women’s National Basketball Association (“WNBA”), which recently set a record with fifty-four million viewers across various platforms.[9]
Despite this progress, women athletes are still scrutinized over their uniforms, policed by outdated dress code standards, entangled in toxic body talk, and often sexualized.[10] “At three, these legs are unstoppable; at fourteen, she’ll think they’re unbearable. One in two girls who quit sports are often criticized for their body type.”[11] The question of what women and girls are allowed to wear remains a point of contention, one that deeply entangles uniform regulations with body image pressures and societal expectations.[12] Just one look at various news outlets illustrates this disparity: women tennis players are often seen wearing skirts, while men wear shorts;[13] women track and field athletes compete in high-cut bikini bottoms, while their male counterparts wear shorts and full-length tops.[14] Unlike basketball, where both men and women wear similar uniforms,[15] a handful of sports require men and women to dress differently even when they are performing the same activity.[16] Beneath these uniforms lie outdated norms that continue to confine women’s sportswear, focusing more on appearance than on performance and personal choice.[17]
Governing bodies and tournament officials, influenced by traditional societal norms, retain discretion in enforcing outdated dress codes.[18] This discretion allows those in charge to decide which outfits violate the rules, prioritizing appearance over performance and ultimately reinforcing outdated gender stereotypes.[19] In contemporary tennis tournaments, governing bodies like the Women’s Tennis Association (“WTA”) and the International Tennis Federation (“ITF”) have dress codes that do not mandate skirts, but require “appropriate tennis attire,” with tournament officials responsible for enforcing these guidelines.[20] Tournaments like Wimbledon are known for their strict dress code, requiring players to wear all-white clothing.[21] While some tournaments offer more freedom in outfit choices, like the French Open, athletes can still face penalties for violating guidelines at the discretion of officials.[22] For example, in 2018, tennis superstar Serena Williams faced backlash for wearing a compression catsuit at the French Open, setting a ban for similar outfits.[23] The one-piece outfit, designed by Nike to aid circulation post pregnancy, was deemed a violation of the tournament’s dress code on the grounds of “respect for the game and place.”[24]
While these dress codes may appear neutral on their face, their enforcement often disproportionately affects women by imposing gendered expectations on attire.[25] Anti-discrimination laws like Title IX of the Education Amendments of 1972[26] and Title VII of the Civil Rights Act of 1964[27] allow protected individuals to challenge regulations with a disparate impact. However, because these laws do not apply to private international governing bodies like the ITF, athletes have limited legal avenues to challenge its dress code policies.[28] While some international mechanisms, like the Court of Arbitration for Sport (“CAS”), exist for gender equity disputes, they offer limited enforcement.[29] Without a direct legal remedy to challenge these policies, the ITF’s discretionary enforcement remains unchecked.[30] Efforts to resolve this issue should focus more on implementing concrete policies, rather than relying on unenforceable guidelines or external pressures.
For true gender equality in sports, the enforcement of these policies must evolve at all levels.[31] Governing bodies must focus on empowering athletes to perform at their highest level, not on enforcing discretionary dress codes that undermine their abilities, comfort, and medical conditions, as seen with Serena Williams.[32] When examining the scrutiny placed on women’s attire, it becomes clear that a double standard remains.[33] It is time to challenge these outdated dress code standards, introduce more fairness in how these rules are applied, and ensure that governing bodies reflect the diverse voices of the athletes they regulate.[34] This is not just about changing what athletes wear, but addressing the deep-rooted inequalities that persist.[35] At the end of the day, gender equality is not a game.[36] It is a fundamental right that should be reflected at every age, and in every aspect of sports, including uniforms.[37]
[1] Global women’s sportswear market size from 2018 to 2027, Sᴛᴀᴛɪsᴛᴀ (Sept. 25, 2024), https://www.statista.com/statistics/1040979/women-s-activewear-market-value-worldwide/#:~:text=Global%20women's%20sportswear%20market%20size%20from%202018%20to%202027&text=The%20worldwide%20women's%20performance%20sports,almost%2050%20billion%20U.S.%20dollars [https://perma.cc/756J-7Z25].
[2] Jason Clinkscales, Women’s Sports Poised to Convert Buzz to Dollars, Study Says, Sᴘᴏʀᴛɪᴄᴏ (Dec. 4, 2024), https://www.sportico.com/business/sponsorship/2024/women-sports-fans-support-brands-study-1234818914/ [https://perma.cc/D2AB-VYXH].
[3] Nischal Schwager-Patel, Serena Williams advises USA basketball star Caitlin Clark to “continue to do what she’s doing” after missing out on Paris 2024, Oʟʏᴍᴘɪᴄs (June 20, 2024), https://www.olympics.com/en/news/serena-williams-caitlin-clark-advice-missing-out-paris-2024 [https://perma.cc/BTP7-LR66].
[4] Id.
[5] See generally Clinkscales, supra note 2.
[6] Global women’s sportswear market size from 2018 to 2027, supra note 1.
[7] Alana Glass, FIFA Women's World Cup Breaks Viewership Records, Fᴏʀʙᴇs (Oct. 21, 2019), https://www.forbes.com/sites/alanaglass/2019/10/21/fifa-womens-world-cup-breaks-viewership-records/ [https://perma.cc/T4CP-UDW9].
[8] Id.
[9] WNBA Delivers Record-Setting 2024 Regular Season, NBA (Sept. 27, 2024), https://pr.nba.com/wnba-2024-season-highlights/ [https://perma.cc/9WLH-PWJU].
[10] Sharon Pruitt-Young, The Problem With Sexualizing Women’s Sports Uniforms, NPR (July 23, 2021), https://www.npr.org/2021/07/23/1019343453/women-sports-sexualization-uniforms-problem [https://perma.cc/W6PV-FE6F] (Recognizing that many fans continue to sexualize women's sportswear, focusing on appearance over function).
[11] Dove, These Legs: A Dove Big Game Film, YᴏᴜTᴜʙᴇ (Feb. 3, 2025), https://www.youtube.com/watch?v=6IxFsKqxLRA [https://perma.cc/P68S-SM2X] (Superbowl LIX Dove #KeepingHerConfident commercial).
[12] Id.
[13] Tennis Clothing Guide: What to Wear While Playing Tennis, Asɪᴄs (Apr. 20, 2023), https://www.asics.com/us/en-us/blog/tennis-clothing-guide-what-to-wear-while-playing-tennis/.
[14] Hannah Getahun, Nike’s High-Cut Bodysuit for Team USA Highlights the Weird Differences Between Men’s and Women’s Olympic Outfits, Bᴜs. Iɴsɪᴅᴇʀ (Apr. 17, 2024), https://www.businessinsider.nl/nikes-high-cut-body-suit-for-team-usa-highlights-the-weird-differences-between-mens-and-womens-olympic-outfits/#:~:text=More%20athletes%20are%20loudly%20questioning%20why%20their,though%20some%20women%2C%20like%20track%20and%20f [https://perma.cc/9R2N-HRD3].
[15] Demetrius Bell, Nike Unveils Team USA Basketball Uniforms for Both Men’s and Women’s Teams for 2020 Olympics, Fᴏʀʙᴇs (Feb. 5, 2020), https://www.forbes.com/sites/demetriusbell/2020/02/05/nike-unveils-team-usa-basketball-uniforms-for-both-mens-and-womens-teams-for-2020-olympics/ [https://perma.cc/KZ6C-S7YG].
[16] Tennis Clothing Guide, supra note 13.
[17] Nadra Nittle, The Serena Williams Catsuit Ban Shows That Tennis Can’t Get Past Its Elitist Roots, Vᴏx (Aug. 28, 2018), https://www.vox.com/2018/8/28/17791518/serena-williams-catsuit-ban-french-open-tennis-racist-sexist-country-club-sport.
[18] Sierra Sun, Unfair and Outdated: Sexist Dress Codes Don’t Belong in Sports, Tʜᴇ Lᴏᴡᴇʟʟ (Mar. 20, 2023), https://thelowell.org/13034/opinions/unfair-and-outdated-sexist-dress-codes-dont-belong-in-sports/ [https://perma.cc/5MFV-8WWM].
[19] Bo Carlsson, Blowing the Whistle? A Quantitative and Qualitative Analysis of Formal and Discretionary Powers of Referees in Swedish Football, Eɴᴛᴇʀᴛᴀɪɴᴍᴇɴᴛ & Sᴘᴏʀᴛs L. J.(2016), https://doi.org/10.16997/eslj.88 [https://perma.cc/H26V-KXRU].
[20] Int’l Tennis Fed., 2024 WTT Regulations, https://www.itftennis.com/media/11861/2024-wtt-regulations.pdf [https://perma.cc/FSW6-DRFT] (Highlighting athletes do not need to get pre-approval on their attire).
[21] Madison Williams, Why Do Players Have to Wear All White at Wimbledon?, Sᴘᴏʀᴛs Iʟʟᴜsᴛʀᴀᴛᴇᴅ (July 15, 2024), https://www.si.com/tennis/why-do-players-have-to-wear-all-white-at-wimbledon#:~:text=At%20the%20time%20in%20Victorian,a%20tradition%20throughout%20the%20years [https://perma.cc/EAU3-TMXH] (Increasing female representation in historically male-dominated sport’s governing bodies raises the question of whether it could lead to fairer policies.).
[22] Nittle, supra note 17.
[23] Id. (The French Open, also known as Roland-Garros).
[24] Id. (Highlighting “respect for the game” often comes with a disproportionate focus on women’s attire in sports, ignoring the functional and medical reasons behind their clothing while imposing arbitrary standards of “respect” that aren't applied to male athletes.).
[25] Id. (Limiting sportswear designed to support pregnancy and post-pregnancy).
[26] 20 U.S.C. § 1681 (1972) (prohibiting sex discrimination in any educational program or activity receiving federal financial assistance, including in athletics at the college and university level).
[27] 42 U.S.C. § 2000e et seq. (1964) (prohibiting employment discrimination based on race, color, religion, sex, or national origin, including in professional sports).
[28] Int’l Tennis Fed., supra note 20.
[29] General Information, Cᴏᴜʀᴛ ᴏғ Aʀʙɪᴛʀᴀᴛɪᴏɴ ғᴏʀ Sᴘᴏʀᴛ, https://www.tas-cas.org/en/general-information/index/ [https://perma.cc/68YN-9QDC].
[30] Id.
[31] Id.
[32] Int’l Tennis Fed., supra note 20.
[33] Id.
[34] See generally Iris Derœux, Mathilde Lafargue & Raphaëlle Aubert, Paris Olympics: The Gender-Specific Rules That Regulate Athletes' Uniforms, Lᴇ Mᴏɴᴅᴇ (Aug. 6, 2024) https://www.lemonde.fr/en/les-decodeurs/article/2024/08/06/paris-olympics-the-gender-specific-rules-that-regulate-athletes-s-uniforms_6710128_8.html ) [https://perma.cc/M6BL-6AGM].
[35] See generally Nittle, supra note 17.
[36] Id.
[37] Id.
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