If you’re closely following news about anti-trans legislation, you might feel that stories are beginning to blur; is it really possible that yet another Republican is pushing yet another transphobic bill? Are people really trying to keep youth from using the correct bathroom? Somehow, yes. One recent example comes from Indiana, where an anti-trans sports bill passed from the House of Representatives last month. That bill, House Bill 1041, got almost full Republican support and none from Democrats, ultimately passing with a 66-30 vote.
From there, it’s been presented to the Senate and referred to the Committee on Education and Career Development. The bill is uniquely different from other anti-trans sports bills in that it would ban trans girls from kindergarten through 12th grade from participating in girls’ sports in public schools. Unlike other legislation, it does not explicitly include college and university-level games. It also does not explicitly prohibit trans boys from playing on boys’ sports teams. It’s still undoubtedly deeply discriminatory and exclusionary.
Like other anti-trans legislation, the person behind the bill (Republican Rep. Michelle Davis, in this case) argues that the bill protects (cisgender) girls when it comes to sports. Davis suggests that trans girls have an unfair advantage due to (allegedly innate) athletic ability. The bill also permits students (or the parents of a student) to submit a grievance to the school if the law isn’t followed.
Like other exclusionary bills, this one suggests a student-athlete's gender should be determined by their “biological sex at birth in accordance with the student’s genetics and reproductive biology.” This means even if a student has, for example, updated their name and sex on their ID and birth certificate, they still wouldn’t be able to play on the team that aligns with their gender identity. This means students who have taken certain steps to transition would essentially be “outing” themselves as trans if they did still want to play the sport.
Nathaniel Clawson, the father of a young trans student-athlete in Indiana, spoke at the statehouse to appeal on behalf of his 9-year-old. In speaking to The Herald-Times, Clawson said there are “so many” life lessons kids learn through sports, including stronger friendships and bonds with classmates. “It’s those life lessons that I was worried most about my daughter missing out on,” he stated.
We know trans youth struggle in school in terms of bullying, harassment, and abuse. Trying to target trans youth and keep them isolated from their peers is deeply cruel, and frankly, could be dangerous when it comes to mental health and keeping an already marginalized population safely in school and engaged.
Natalie Carter, a senior lecturer at Butler College, spoke to campus newspaper The Butler Collegian about the legislation, describing it as “completely repulsive” and “hate legislature.” Carter went on to say, “There’s a part of me that wishes if our anti-equality legislators were going to move bills like this forward, that they would just call them what they are … instead of trying to hide behind the shield of somehow protecting other students.”
This perspective really nails it. Moderates and even some progressives are falling into these discriminatory measures because they’re seeing it with the framing Republicans are hoping they will—what about (cisgender) female athletes? What about hormones? What about puberty? Is it really fair?
Trans people are people, and trans youth deserve every opportunity to be themselves, have experiences and opportunities, and discover themselves just like everyone else. Trans athletes are not disproportionately likely to win, get coveted scholarships, or send cisgender athletes packing. It’s simply not happening. Instead of conservatives just saying they hate trans folks, they’re covertly manipulating well-intentioned people into repeating transphobia.
If passed, the bill would go into effect on July 1, 2022.
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