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This bill would require public middle, high school, and college sports teams to be designated based on “biological sex.” Biological sex, in this case, refers to sex assigned at birth. The legislation clarifies that teams designated for girls or women can not be open to students assigned male at birth. The bill does not apply to teams designated as coed.
The original language of the bill required a birth certificate as the most straightforward (though, obviously, in the case of many trans folks, incorrect) option for proving one’s sex. And if someone doesn’t have a birth certificate? If a student’s birth certificate is unavailable or incomplete for whatever reason, the student in question would have to acquire a signed statement from a physician specifying the student’s internal and external reproductive anatomy. Just like relying on the sex listed on someone’s birth certificate at birth, this means of understanding sex and gender is simplistic and exclusionary.
So, what changes are included in the amendment? There were two key updates. One, the Senate Education Committee extended the legislation to include college sports. Two, “any student aggrieved by a violation” of the legislation (if enacted into law) could hypothetically bring action against the school or county board.
So, what’s next? The bill goes back to the House where they may or may not approve these changes. If they do, the bill would then head to Republican Gov. Jim Justice.
Unfortunately, the House does not inspire a lot of confidence. For example, in March, Republican state Rep. and House Education Chairman Joe Ellington relied on harmful, transphobic stereotypes to make a point in arguing in favor of the bill.
As reported by CNN, he claimed that someone may have “different characteristics that make their abilities stronger, or physically stronger, or their habitus is different. … Maybe that might affect injury to other participating students in the same sport.” The implication here is that a trans girl would automatically be more likely or able to cause harm to a cis girl during a contact sport, which is simply not the case.
Luckily, Democrats have been speaking up on behalf of trans youth. For example, Democratic Del. Mike Pushkin pointed out that the “solution” in these bills is actually “more problematic than the perceived problem that you’re making up.” This is an important point, especially in that so, so many people who advocate on behalf of anti-trans legislation are unable to cite specific examples of issues in their states. People cite hearsay or claim they’ve heard from concerned coaches or parents, but no specifics come up.
West Virginia State Senator Bill Ihlenfeld, a Democrat, stressed what so many in the GOP are quick to forget (or at least ignore) when it comes to the topic of transgender youth in sports: these bills are deeply dehumanizing and cruel.
“Some in this room don’t seem to care that this bill is cruel,” Ihlenfeld stated, as reported by local outlet WV Metro News. “That it’s mean-spirited. We’re still sending a message that this body, this senate, and also the House supports bills like this. Are we really pro-business? Are we really trying to grow this state? I’m surprised this bill is even running.”
While it would be ideal for legislation not to pass because of ethics, it’s also true that many are worried about how these bills could affect college sports (and the economics attached to them) in particular. More than 500 college athletes recently signed an open letter to NCAA arguing against these discriminatory legislations and in favor of openly trans students participating in sports that best align with their gender identity. The letter asks the organization to withdraw championships from states with anti-trans bans.
We must act NOW to urge our senators to vote YES to the Equality Act.
Sign and send the petition: the Senate must pass the Equality Act and stop the discrimination of LGBTQIA people.
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