A bill authored by a local state representative which would ban transgender teens from participating in K-12 school sports that match their gender identity is facing opposition from civil rights groups.
House Bill 1041, authored by Rep. Michelle Davis, R-Whiteland, would prohibit students who were born male but identify as female from participating in a sport or on an athletic team that is designated for women or girls. However, it would not prevent students who were born female but identify as male from participating on men’s sports teams. The legislation would also establish a civil action for violations, and schools wouldn’t be subject to liabilities for complying with it.
The bill was sent to the Senate following a 66-30 vote in the House last month. The bill has been assigned to the Senate Committee on Education and Career Development, where it will be heard for the first time on Monday.
House Democrats argued last month the bill is “discriminatory” and “harmful to kids.” They also said that the Indiana High School Athletic Association already has a policy that requires transgender girls who want to play sports to show they’ve completed hormone therapy and that their muscle mass or bone density is typical of other girls the same age, the Associated Press reported.
Davis says the purpose of the bill is to maintain fair competition in girl sports and to champion Title IX. The bill resulted from conversations she had with female student-athletes, parents and coaches, she said.
“This legislation is the result of listening to concerns from constituents and others across the state,” Davis said. “(Having been) a college student myself, I know the hard work and dedication it takes, and I want to protect that for Hoosier girls.”
The bill was also sparked by a conversation with a friend in northern Indiana whose daughter lost to a transgender girl in cross county, but she has not seen anything like this happen locally, she said.
“Personally, have I seen it locally, no. But I have lots of concerns,” Davis said.
In addition to pushback from House Democrats, the bill has also been met with concerns from civil rights groups, including the Indiana chapter of the American Civil Liberties Union. The ACLU said the bill would send transgender students a message that they are not worthy of the same kinds of opportunities as their classmates, such as sports, by excluding them, Kit Malone, ACLU of Indiana advocacy strategist, said in a statement.
“When misinformation about biology and gender is used to bar transgender kids from sports it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students – including trans kids – on the basis of sex,” Malone said in the statement. “Transgender kids have the right to participate in sports consistent with who they are, just like anyone else. Denying this right is unconstitutional and blatant discrimination.”
Davis didn’t expect the bill to attract such pushback because, to her, it is about maintaining fair competition in sports, not banning anyone from playing a sport.
“It doesn’t say a biological male can’t play on a biological male team. It just maintains it for girls,” Davis said. “The main focus is to continue to champion Title IX and continue to provide and maintain fair competition for all female Hoosiers — that’s the intent, and that’s what it does.”
Davis has been in contact with the Indiana High School Athletic Association about the bill, and while IHSAA has remained neutral, the association already has rules regarding what sports males and females can play in. Because of the IHSAA language, Davis’ bill has been tweaked to use wording similar to theirs, she said.
The IHSAA, however, developed a grievance process to allow students to play on the opposite biological sex’s team, which the bill would remove. Instead, HB 1041 would require them to treat it as an eligibility requirement, such as weight classes, where there already is a process in place to protest someone else’s eligibility, Davis said.
“For the past 50 years, Title IX has ensured female athletes have a fair competition in girls’ sports. A lot have stood behind Title IX, and this bill is maintaining fair competition in girls sports,” she said.
If the bill becomes law, Indiana would be the 10th Republican-dominated state to adopt such a ban on transgender women or girls. In two of those states — Idaho and West Virginia — the laws have been halted by federal judges. The U.S. Department of Justice has challenged bans in other states, saying they are violations of federal law, according to the AP.
ACLU representatives said the group will file a lawsuit if the “hateful legislation” is signed into law in Indiana, the AP reported.
“In every state and every community – trans people belong. We will fight to ensure Indiana laws reflect that,” Malone said.
The Associated Press contributed to this report.
