FRANKFORT, Ky. (WDRB) – Transgender girls would be barred from competing in girls' interscholastic sports under a bill passed Thursday by the Senate Education Committee.
Senate Bill 83, called the Save Women’s Sports Act and sponsored by Sen. Robby Mills, directs the Kentucky High School Athletic Association Board of Control to pass regulations banning those identified as males on their birth certificates from participating on girls’ sports teams. The measure passed the Senate Education Committee on a party-line 9-3 vote.
Current KHSAA policies allow transgender student-athletes to compete on teams based on their gender identities if they have undergone sex reassignment before puberty or undergone such procedures and take hormonal therapies.
Kentucky is among several states considering pushes to prohibit transgender women from competing in women’s sports, including Indiana.
“This statute change clearly addresses the flaw in the current regulation that surgical changes and hormonal therapy of any length of time reduces the physical advantage that a biological male has over a biological female,” said Mills, R-Henderson.
While Mills was unaware of any issues regarding participation in sports by transgender females in Kentucky, “there are parents of female athletes that are concerned about this happening in our state,” he said.
“I believe there are openings to where a biological male could be competing as a female in their junior and senior year in high school after they meet the qualifications that are in the regulations currently,” he said.
Democrats opposed to the measure noted the absence of particular controversies involving transgender females participating in Kentucky high school athletics.
Sen. Gerald Neal, D-Louisville, was among those who said current KHSAA regulations are adequate.
“I don't see why we should insert ourselves in this situation,” he said.
Two transgender girls and their families pleaded with senators to vote against SB 83.
Fischer Wells said she recently helped start Westport Middle School's field hockey team by recruiting just enough players to field a team. She made new friends as they picked up the sport and learned skilled like sportsmanship, she said.
"I really don't want this bill to pass because that means I can't play and it will be extremely detrimental to my mental health as well because I know that sports is a great way for me to cope with things," Wells said. "... It's disgusting that this bill is even suggested. It's terrible, and I've worked really hard and practiced so many hours. I hope you don't vote on this bill, and I hope I can play in eighth grade."
Wells' contributions to Westport Middle's field hockey team have been more emotional than physical, her parents said.
"She contributed fundamentally, though, and most critically in terms of her sportsmanship, in terms of the spirit that she brought to the team," said her father, Brian Wells. "No one cheered her teammates on harder. No one shared for the rare goals louder. She made the team happen and continues to do that today."
Jackie McGranahan, policy strategist for the ACLU of Kentucky, said the organization believes SB 83 is unconstitutional and violates Title IX. The ACLU is involved in lawsuits challenging similar laws passed in other states like Tennessee and West Virginia.
"Excluding trans students from participation just deprives them of opportunities available to their peers and sends the message that they are not worthy of a full life," she said.
Senators who supported SB 83 in committee, however, say transgender girls still have opportunities to plan on boys' and coed teams.
"I think it's an unfair indictment to say that this discriminates because, again, they can continue to compete," said Sen. Stephen Meredith, R-Leitchfield.
David Walls, executive director of the Family Foundation of Kentucky, urged senators to expand the scope of SB 83 to include Kentucky collegiate sports.
"The numerous advantages that males have over female athletes are even more prominent by college, where margins become tighter, the competitive edge can be a deciding factor and the consequences of those advantages are far greater," he said. "Titles, professional athletic opportunities and limited roster spots are all on the line."
SB 83 now moves to the Senate floor for further action.
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