Gov. Ron DeSantis signs bill banning biological males from competing on women's sports teams

Gov. Ron DeSantis signs bill banning biological males from competing on women's sports teams



Florida Gov. Ron DeSantis (R) signed Tuesday a version of the "Fairness in Women's Sports Act" into law, prohibiting males who identify as transgender females from competing on female sports teams in high school and college.

"We believe in the state of Florida, of protecting the fairness and the integrity of women's athletics," DeSantis said at the signing ceremony, standing onstage with teenage girl athletes from Trinity Christian Academy.

"And I can tell you this in Florida, you know, girls are going to play girls' sports and boys are going play boys' sports, that's what we're doing. We're going to make sure that that's the reality," he continued. "So the bill that we're doing today will ensure fairness for women athletes for years to come in the state of Florida. It says that athletic teams or sports that are designated for females are open to females. And we're going to go based off biology."

DeSantis signed the bill even though the National Collegiate Athletic Association threatened to pull its championship games out of states that "discriminate" against transgender athletes. Other companies warned that they would pull their business out of Florida because of the bill. DeSantis didn't care.

"Some of these organizations say they're not going to hold events if you do this, just let me say very clearly, in Florida, we're going to do what's right, will stand up to corporations, they are not going to dictate the policies in this state," the governor said. "We will stand up to groups like the NCAA, who think that they should be able to dictate the policies in different states."

Democrats and LGBT activists opposed the legislation as well, characterizing the bill as "unnecessary" and accused Florida Republicans of acting hatefully toward transgender persons.

Some critics observed that DeSantis signed the bill on June 1, the first day of National LGBTQ Pride Month, which in their view added insult to injury.

"Appalling," tweeted state Rep. Carlos Guillermo Smith (D-Orlando). "First day of LGBTQ Pride Month and Gov. Ron DeSantis signs SB 1028 which bans trans kids from school sports. FHSAA has allowed trans kids to participate in FL since 2013 with ZERO problems. This fuels transphobia and puts vulnerable kids at risk for no good reason."

"By signing a heartless ban on transgender kids in sports, @GovRonDeSantis is marginalizing an entire community," Florida agriculture commissioner Niki Fried tweeted. "Signing it on the first day of #Pride2021 is especially cruel."

Fried, the only Florida Democrat currently holding statewide elected office, announced a bid for the Democratic nomination to challenge DeSantis for governor Tuesday.

"Florida should stand for inclusivity, equality, and liberty — not peddling hate for political points," she said.

A standalone version of the Fairness in Women's Sports Act had previously died in the state legislature, but Republicans revived the bill as an amendment to a larger bill related to charter schools.

The final version of the bill removed some of the most controversial portions in the first draft, including a requirement that student athletes undergo testosterone or genetic testing and have their genitalia examined before joining sports teams.

Almost immediately after DeSantis signed the bill, the Human Rights Campaign, an LGBTQ+ advocacy organization, declared it would sue Florida.

"The Human Rights Campaign will always stand up to anti-equality forces on behalf of transgender kids, and that is exactly what we plan to do by legally challenging this ban on the participation of transgender girls and women in sports," HRC President Alphonso David said in a statement. "Gov. DeSantis and Florida lawmakers are legislating based on a false, discriminatory premise that puts the safety and well-being of transgender children on the line. Transgender kids are kids; transgender girls are girls. Like all children, they deserve the opportunity to play sports with their friends and be a part of a team. Transgender youth must not be deprived of the opportunity to learn important skills of sportsmanship, healthy competition, and teamwork. The harmful provisions added to SB 1028 will not just impact transgender people in Florida. All Floridians will have to face the consequences of this anti-transgender legislation — including economic harm, expensive taxpayer-funded legal battles, and a tarnished reputation. In Florida, we are ensuring that there are legal consequences to pay for being on the wrong side of history."

The bill's supporters say legislation was needed to prevent unfair competition in women's sports.

"This bill is very simply about making sure that women can safely compete, have opportunities and physically be able to excel in a sport that they trained for, prepared for and work for," said state Sen. Kelli Stargel, who sponsored the legislation.

"This is nothing about anybody being discriminated against," she said. "It's solely so that women have an opportunity to compete in women's sports."

Florida joins West Virginia, Montana, and Idaho in banning transgender athletes from competing in women's sports.

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Florida Gov. DeSantis says he will sign 'Fairness in Women's Sports' bill banning trans athletes from competing against females



Florida Gov. Ron DeSantis (R) on Thursday pledged to sign his state's version of a bill to protect fairness in women's sports by prohibiting transgender athletes who were born males from competing against females.

In a surprise move this week, Florida Republicans in the state House revived the "Fairness in Women's Sports Act" after it died in Senate committee by attaching it as an amendment to SB 1028, a charter school bill. The legislation would ban males from competing on women's sports teams at the public secondary and collegiate level.

The House passed the bill Wednesday in a vote of 79-37, mostly along party lines. The state Senate passed the bill 23-16 later that evening. If DeSantis signs the bill into law, Florida would be the seventh state to adopt a form of the "Fairness in Women's Sports" bill though 30 states are considering similar legislation.

At a Fox News town hall Thursday evening with other Republican governors, Gov. DeSantis said he was eager to sign the bill.

"Oh yeah, we're going to protect our girls. I have a 4-year-old daughter and a 1-year-old daughter and they're both very athletic. And we want to have opportunities for our girls," DeSantis told host Laura Ingraham. "They deserve an even playing field and that's what we're doing with what Mississippi did, with what Florida did, and I know with what other states are going to do."

"So I look forward to being able to sign that into law," he said.

DeSantis vows to sign bill barring transgender females from girls' sports. https://t.co/poRJBkleuH

— Laura Ingraham (@IngrahamAngle) 1619789945.0

Critics including state Democrats and LGBTQ activists have assailed the bill as "cruel" and discriminatory against transgender youth.

"It's horrific," Gina Duncan, the director of transgender equality at Equality Florida, said. "This bill shows not only their lack of humanity but their astounding ignorance about the transgender community, not understanding that trans girls are girls and transgender women are women.

"Despite impassioned pleas by legislators who have gay and transgender kids and grandkids imploring supporters of this bill to understand the harm that it will do, Republicans followed their marching orders to implement this orchestrated culture war and move this bill forward."

"If they want to play, let them play, there's nothing to stop them," said state Sen. Victor Torres (D), who's grandchild is transgender and identifies as female. "We thought it was dead, but obviously some don't care."

Republican supporters of the legislation countered that it's unfair that athletes who were born with male DNA, male skeletal structures, and have male muscle development are allowed to compete with girls.

"I thought it was common knowledge that men are stronger than women," Sen. Kelli Stargel (R) said. "We're just trying to protect them."

Mississippi Gov. Tate Reeves (R), who participated in the town hall with DeSantis and was the first Republican governor to sign a fairness in women's sports bill into law this year, said Thursday that biological males should not be able to compete with girls for scholarships and other opportunities.

"This is an issue I'm passionate about and the reason I'm passionate about it is because I have a 16-year-old daughter, a 14-year-old daughter, and a 9-year-old daughter and they play basketball and they play soccer and they play every sport they can possible play," Reeves said. "And the reality is biological males should not be allowed to compete with them for athletic scholarships. They should not be allowed to be able to compete with them for opportunities."

Adding to the controversy over these bills is the National Collegiate Athletic Association's stated opposition to legislation it claims discriminates against transgender athletes. The NCAA has threatened to pull championship games from states that pass laws barring biological males from playing on girls sports teams, leading some Republican lawmakers and governors to hesitate over enacting laws that apply to collegiate sports.

South Dakota Gov. Kristi Noem (R) outraged social conservatives by vetoing her state's version of the "Fairness in Women's Sports" bill, saying the portion of the bill that applies to colleges and universities was "unrealistic in the context of collegiate athletics."

North Dakota Gov. Doug Burgum (R) likewise vetoed a similar bill, claiming that there was no evidence that girls sports were in "immediate danger" of becoming unfair and deferring to the state athletic association to determine the rules governing high school and collegiate sports.

But social conservative activists are making clear that Republicans who want their support must stand up to protect women's sports.

"Women's sports has been a breakthrough issue showing how to win on cultural issues," American Principles Project President Terry Schilling said.

"This is now the status quo for the Republican Party," he added. "You must support protecting women's sports to be a contender in the party."

North Dakota's Republican governor vetoes transgender sports bill



The Republican governor of North Dakota on Wednesday vetoed a bill that would bar boy transgender athletes from playing on K-12 girls' sports teams, saying a state association that regulates high school activities is the best body to deal with transgender issues.

The bill, House Bill 1298, would have prohibited public elementary and secondary schools from "knowingly" allowing a student of the opposite sex to participate in a school-sponsored athletic team that is exclusively for females or exclusively for males. "Sex" is defined as "an individual's biological sex and is based solely on an individual's reproductive biology and genetics at birth." The bill has an exemption that would allow girls to play on boys' sports teams.

The bill also included an optional 2021-22 study to analyze the impact of these policies on student athletic events and directed findings from that study to be reported to the 2023 legislature.

The North Dakota bill is similar to bills introduced in 31 other states to prohibit transgender athletes from playing on sports teams that match their self-proclaimed gender. Arkansas, Mississippi, and Tennessee have signed those bills into law. Supporters of these bills say they protect fairness in women's sports by preventing males from competition against girls. Critics and transgender advocates say the legislation discriminates against trans youth.

In his veto message, North Dakota Gov. Doug Burgum (R) said there is no evidence to suggest girls' sports are in "immediate danger" of becoming unfair and asserted the bill "would unnecessarily inject the state into a local issue by creating a ban with myriad unforeseen consequences."

"To date there has not been a single recorded incident of a transgender girl attempting to play on a North Dakota girls' team," the governor wrote. He noted that the North Dakota High School Activities Association "already has regulations in place for participation in sex-separated interscholastic contests by transgender athletes."

"These regulations require transgender girls to undergo testosterone suppression treatment for gender transition for a full calendar year before they are eligible to compete in girls' sports," the governor said.

"The most responsive sports governance is the organization closest to the teams and athletes they govern. If a question should arise related to a transgender student and athletic competition, the NDHSAA, parents, child, their health care provider, their school and their coaches are in the best position to manage that unique situation, especially given the child's right to privacy."

The bill now heads back to the state House. According to KXMB-TV reporter Maddie Biertempfel, Republicans have enough votes to overturn the governor's veto in the House but not in the state Senate.

Would take 2/3 of both chambers to override HB 1298, which the House has but the Senate does not. https://t.co/W9ZYtVWtDt
— Maddie Biertempfel (@Maddie Biertempfel)1619051704.0

Opponents of the bill including the North Dakota Human Rights Coalition and Tri-State Transgender issued a statement Wednesday applauding Burgum's veto.

"Governor Burgum's veto sends a loud message to other lawmakers across the country considering similar legislation: Stop the attacks on transgender youth. North Dakotans should be outraged that transgender youth, who already face higher levels of discrimination, were chosen to be the target of this hateful legislation," Tri-State Transgender president Katrina Koesterman said.

"We thank Governor Burgum for shutting down this harmful bill and for standing up to out-of-touch politicians on the fringe who have long histories of attacking North Dakota's LGBTQ+ community," Brandi Hardy, legislative coordinator of North Dakota Human Rights Coalition, added.

The North Dakota High School Activities Association told the Bismark Tribune it opposed the bill. The body's regulations on transgender athletes state that any transgender student who is not taking cross-sex hormones may play on sports teams according to that student's sex at birth.

However, a student transitioning from male to female may play on girls' sports teams if he has been taking testosterone suppressive hormones for at least one calendar year. A transgender athlete transitioning from female to male who is taking testosterone supplements may play on boys' sports teams but not on girls' teams under the current regulations.

Gov. Burgum also vetoed legislation that would prohibit state mask mandates, saying that "to strip future governors and their state health officers of any low-cost tool that might be used to save lives and livelihoods in a future pandemic or other emergency would be both irresponsible and an unnecessary risk to future public health and well-being of North Dakota citizens."

Alliance Defending Freedom slams Gov. Kristi Noem for vetoing girls' and women's sports bill



Supporters of South Dakota's Fairness in Women's Sports bill are accusing Republican Gov. Kristi Noem of "betrayal" and "pandering to special interests" after she vetoed the legislation, sending it back to the state legislature with recommended changes.

The legislation, H.B. 1217, would prohibit any student at a state school from joining a sports team that does not match his or her biological sex. So, for example, a boy who identifies as female and takes hormones to affirm his gender identity would be prohibited from playing on girls' sports teams or competing against girls.

Republican majorities in the state legislature sent the bill to Noem's desk for her signature, and although at first she said she was "excited" to sign it, on Friday Noem issued a "style and form" veto, sending it back to lawmakers.

In a statement, the Alliance Defending Freedom, a non-profit legal group that supports social conservative causes, blasted the governor's decision.

"Gov. Noem had an opportunity to protect women and girls by signing the Fairness in Women's Sports bill, but instead she pandered to the demands of special interests," Alliance Defending Freedom General Counsel Kristen Waggoner said. "In what was an abuse of her 'style and form' veto power, she gutted protections for collegiate athletes and took away legal recourse for girls forced to compete against biological boys."

The South Dakota state constitution empowers the governor to send bills "with errors in style or form" back to the legislature with specific recommendations for change.

In a letter to lawmakers, Noem stated her belief that "boys should play boys' sports, and girls should play girls' sports," but said she was "concerned that this bill's vague and overly broad language could have significant unintended consequences."

Among her concerns is that the bill is "unrealistic in the context of collegiate athletics." Both the NCAA and the South Dakota Chamber of Commerce reportedly lobbied Noem against the bill. The NCAA objected to policies it views as discriminatory against transgender athletes, and the Chamber of Commerce was concerned that the state could lose millions of dollars of business revenue if South Dakota colleges and universities lose NCAA accreditation and tournament games are no longer held in the state.

"Competing on the national stage means compliance with the national governing bodies that oversee collegiate athletics," Noem wrote to lawmakers.

"The proposed revisions limit House Bill 1217 to elementary and secondary school athletics, which are primarily conducted among South Dakota schools and at the high school level are governed by the South Dakota High School Activities Association, a creature of South Dakota law. The proposed revisions will also remedy the vague language regarding civil liability and the use of performance-enhancing drugs," she said.

Republican sponsors of the bill said Noem's proposed changes would significantly weaken the legislation and be morally inconsistent.

"The recommended changes will substantially change the content of the bill. The legality was removed, which leaves the bill with a very weak authority. Removing the collegiate is simply saying that biology matters in high school, but not in college," Republican state Sen. Maggie Sutton, the bill's lead sponsor in the state senate said.

Republican state Rep. Rhonda Milstead, H.B. 1217's sponsor in the House, accused the governor of violating the state constitution with her veto.

The state constitution says: "Bills with errors in style or form may be returned to the Legislature by the Governor with specific recommendations for change." Milstead argues the proposed changes go beyond "style" or "form" to be tantamount to legislation from the executive branch.

"It is overreaching by trying to legislate law as the executive branch," Milstead said.

Noem's explanation was also received poorly by the Alliance Defending Freedom.

"We are shocked that a governor who claims to be a firebrand conservative with a rising national profile would cave to 'woke' corporate ideology," Waggoner said.

She continued: "The governor tried to explain her betrayal with claims that her hands were tied by NCAA policy. But there is no NCAA policy that requires schools to allow males to compete on women's teams as Gov. Noem suggests. The governor also vetoed the part of the bill that gives girls any legal recourse against unfair policies that arise. What's left is mere lip service for women and girls forced to compete against biological males."