FRANKFORT, Ky. (WDRB) – A bill banning transgender girls and women from competing on female teams in Kentucky's public middle and high schools and postsecondary institutions cleared the House Education Committee on Tuesday.
House Bill 23, sponsored by Rep. Ryan Dotson, passed the panel on a 13-6 vote. One Republican joined Democrats on the committee in opposition.
The legislation directs the Kentucky High School Athletic Association and public postsecondary institutions to enact policies closing participation in women's sports to those born male at birth. The measure does not cover sports in kindergarten through fifth grade.
A similar measure that directed the KHSAA to pass regulations banning those identified as males on their birth certificates from participating on girls' sports teams cleared the Senate Education Committee on Thursday.
Dotson, R-Winchester, said current KHSAA policies on transgender student-athlete participation in sports that match their gender identities, which require sex reassignment and post-puberty hormone therapy, are inadequate in creating "a level playing field for our girls across the commonwealth."
"By the time puberty comes, the physiological differences are already so prevalent and the physical advantages are already there," he said. "... This law ensures that both sexes get the opportunity to play in a competitive sport."
Recent laws barring transgender women from competing in women's sports are facing legal challenges, and Jackie McGranahan with the ACLU of Kentucky said the state could join others in court if HB 23 becomes law.
"When a state enacts unconstitutional laws and loses in court, the taxpayers foot the bill," said McGranahan, policy strategist for the ACLU of Kentucky. "Ultimately this bill violates Title IX, puts Kentucky at risk of losing money, harms transgender youth all to solve a problem that plainly does not exist."
Dotson said there are transgender girls taking "spots" on school sports teams, leading some cisgender girls to be excluded from participating.
"Part of our role as the legislature is to survey the land and look to see what's going on and try to get out ahead of some of those issues," said Rep. Shane Baker, R-Somerset. "Sometimes you have to be preemptive to make sure that you head off problems before they before they arise or before they get worse."
Some representatives also feared that passing HB 23 would jeopardize NCAA eligibility for Kentucky's public postsecondary institutions.
Rep. Killian Timoney, a Lexington Republican who voted against HB 23, said the fact that about half of all transgender youths have contemplated suicide within the past two years should be "a catastrophic red flag" for lawmakers.
"Currently we are looking at 50 trans athletes out of 200,000 NCAA athletes, so for those non-math people in the house, that's a .00025 percent," Timoney said. "We've got time to do this right."
HB 23 moves to the House floor for further consideration.
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