Oklahoma Governor Signs ‘Save Women’s Sports Act’ Banning Transgender Athletes
'Deserve a fair competition'
Indiana Republican Gov. Eric Holcomb this week vetoed a bill that sought to prevent biological males from competing in women's interscholastic sports, calling the legislation too broad and claiming there is currently no need for such a policy in Indiana.
Holcomb's veto comes as at least 11 other Republican states across the country have passed bills to guard competitive fairness against the designs of the transgender movement. In recent years, it has become more common for schools and other institutions to allow biological males presenting as transgender females to compete in women's sports.
Often, the athletes go on to easily defeat the female competition given their physical advantage. Just this past week, University of Pennsylvania swimmer Lia Thomas garnered national headlines and ignited controversy after becoming the first transgender athlete to win an NCAA women's swimming title.
But in a letter to state lawmakers on Monday, Holcomb argued that such a problem doesn't currently exist in his state, and so the bill, known as HEA 1041, is not necessary.
"The presumption of the policy laid out in HEA 1041 is that there is an existing problem in K-12 sports in Indiana that requires further state government intervention," the governor wrote.
"It implies that the goals of consistency and fairness in competitive female sports are not currently being met," he continued, adding, "After thorough review, I find no evidence to support either claim even if I support the overall goal."
Holcomb also raised concerns that the bill sent to his desk was too broad and consequently would lead to confusion in school districts and result in legal challenges upon passage.
"If it is the goal of HEA 1041 to provide clarity and one consistent state policy regarding the fairness in K-12 sports in Indiana, for me this current bill falls short," Holcomb wrote. "The wide-open nature of the grievance provisions in HEA 1041 that apply to all K-12 schools in Indiana makes it unclear about how consistency and fairness will be maintained for parents and students across different counties and school districts."
While the bill's message is clear, it intentionally leaves vague the processes by which grievances are filed and subsequently resolved.
The bill states that "a male, based on a student's biological sex at birth in accordance with the student's genetics and reproductive biology, may not participate on an athletic team or sport designated under this section as being a female, women's, or girls' athletic team or sport."
From there, any student or parent can submit a grievance and every schooling institution in the state is required to establish and maintain a resolution procedure.
It wasn't immediately clear whether Holcomb, who has often embraced conservative policies, would consider signing a tweaked or narrower version of the bill. But in his letter, the governor did call the aim to protect fairness in women's sports "a worthy cause for sure."
On the same day that he vetoed HEA 1041, Holcomb signed a bill that allowed for permitless carry of handguns in his state.
South Dakota Republican Gov. Kristi Noem on Thursday signed the "Fairness in Women's Sports" bill into law, enacting what social conservatives have called the "strongest" protections for women's sports in the nation. The new law prohibits any student at a state school from joining a sports team that does not match his or her biological sex.
After signing the bill, Noem said the law was needed to protect "fairness" in athletic competition.
“This is about fairness. Every young woman deserves an equal playing field where she can achieve success, but common sense tells us that males have an unfair physical advantage over females in athletic competition. It is for those reasons that only girls should be competing in girls’ sports,” the governor said in a statement. “Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.”
The law states that "only female athletes, based on their biological sex, shall participate in any team, sport, or athletic event designated as being for females, women, or girls." It also defines "biological sex" as "the sex listed on the student's official birth certificate issued at or near the time of the athlete’s birth."
Individual athletes may file private lawsuits against any school or institutions that do not comply with the new statutory requirements. The law also instructs the state attorney general to "provide legal representation at no cost to that entity or individual" who files a lawsuit against schools for noncompliance.
"This is a statute in the state of South Dakota that will ensure that girls sports [are] protected," Noem told reporters.
A previous version of this law was opposed by the governor for containing provisions she said were "unrealistic in the context of collegiate sports." The governor issued a "style and form" revision of the legislation last March, sending it back to the legislature with changes. Republican lawmakers rejected Noem's changes and she ultimately vetoed that bill, provoking harsh rebuke from social conservative groups.
But the bill the bill that became law this week was strongly praised by those same groups, who applauded Noem for fighting for this law.
“Gov. Noem and South Dakota legislators deserve a great deal of credit for passing this strong legislation, despite some hiccups last year. We thank them for standing up for equal opportunities for their state’s women and girl athletes, and we urge lawmakers in states without such protections to get to work on passing them immediately,” American Principles Project president Terry Schilling said.
Alliance Defending Freedom legal counsel Christiana Holcomb said, “Girls deserve equal opportunities to experience the thrill of victory. We welcome South Dakota to the growing number of states that are ensuring their female athletes won’t be spectators in their own sports. When schools and society ignore biological differences between the sexes, it’s girls and women who pay the price. In athletics, girls are losing medals, podium spots, public recognition, and opportunities to compete."
"We commend the legislature and governor for supporting this important legislation, which ensures that female athletes from kindergarten to college will not face those losses in South Dakota,” Holcomb added.
Left-wing groups condemned the new law.
"This cruel and dangerous bill is part of a coordinated attack on trans youth moving nationwide," the American Civil Liberties Union tweeted.
Susan Williams, executive director of the Transformation Project, told the Argus Leader that Thursday was a dark day for transgender youth in South Dakota.
"Today, we are devastated that one of these bills is being signed into law," she said. "We know trans youth across this state and country are hurting at this news. We want every trans person watching to know that we are with you, we see you, and we are here for you."