If anything concerning LGBTQ+ rights gets coverage lately, it’s the Republican crusade to keep trans girls and women out of girls’ sports. Conservatives are hammering these bills out across the nation, and a worrisome number of Republican governors have signed such hateful legislation into law. With this in mind, it’s a (relative) relief to see Republican Gov. Eric Holcomb of Indiana veto HB 1041, the anti-trans sports bill that landed on his desk, as reported by NPR.
Now, Holcomb’s explanation doesn’t delve into trans rights or even equality as the basis of his veto. Instead, Holcomb suggested the legislation “falls short” and that it’s unclear how the bill would be applied consistently in schools across the state. In a letter about his veto decision, Holcomb said other states with comparable bans were facing lawsuits that stopped the bill from going into effect anyway. He noted that found “no evidence” to support the claim that trans girls playing girls’ sports in public schools in the state is an actual issue, though he said he does “support the overall goal.” So, not a shining beacon of trans rights, but again, better than nothing.
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As some background, the legislation defined a “male” based on the student’s sex assigned at birth “in accordance with” their genetics and reproductive biology would not be permitted to play on a sports team designated as for females, women’s, or girls. Like a number of other anti-trans bills, the bill also sought protections for schools and sports associations in order to enforce this discriminatory legislation.
States that have signed similar legislation into law include West Virginia, Texas, Alabama, Arkansas, Florida, Idaho, Montana, Mississippi, and Tennessee, as well as South Dakota, whose governor enacted the ban via executive order. A great number of comparable efforts have fizzled out in state committees.
Public policy director of the Indiana ACLU Katie Blair issued a statement on Monday saying that this victory “belongs to the trans youth” of the state, who deserve to live as their “authentic selves” and to play sports “free from discrimination.” Blaire also thanked the “thousands” of folks in the state who voiced opposition to this exclusionary legislation.
Now, there’s a possibility that this isn’t over in Indiana. The Indiana Senate first passed HB 1041 with a vote of 32-18. In the House, it passed 66-30. In order to override a veto from the governor, the state legislature needs a majority vote. Given how smoothly this bill passed in both the Senate and the House, that’s a concerning possibility. Lawmakers return at the end of May for such a veto session.
In the picture, we know conservatives are pushing hard to get the general public riled up about trans youth in sports in order to keep people angry and distracted. If you’re suddenly worried about a boogeyman, you’re perhaps not as likely to worry about COVID-19 or the ways your government is failing you when it comes to housing security, student loan payments, or food access. If you’re feeling angry and dissatisfied with the opportunities you have, instead of turning that frustration toward your elected officials, you can slew it toward people you think are getting an unfair advantage. (Note: They aren’t.)
And all the while, already vulnerable trans youth are suffering. While trans folks (and allies) speaking up to testify during hearings, for example, is deeply inspiring, it’s also deeply sad and unfair. Trans youth should be able to enjoy their childhoods without having to beg adults in power to see them as fully human and deserving of the same opportunities. It’s sick, and it’s sad, and it’s so clearly rooted in hate that it’s only getting sadder to see people still try to find logic in what is pure discrimination.
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Update: As he previously pledged to do, Republican Gov. Spencer Fox of Utah vetoed an anti-trans sports bill as well.