This is what the Republican-led US House of Representatives did voted to ban transgender girls and women from competing in women’s sports at all federally funded institutions, from kindergarten through college.
The bill is now expected to be taken up by the Republican-controlled U.S. Senate. If this becomes law, House Resolution (HR) 28 will amend Title IX, the landmark civil rights law that prohibits sex discrimination in educational institutions. It would explicitly exclude transgender athletes from civil rights protections under the law and strip federal funding from institutions that allow transgender athletes to compete.
15 Ohio congressional representatives they voted along party lines Tuesday morning with House Republicans voted unanimously in favor of the bill.
The decision comes a year after Ohio lawmakers passed House Bill (HB) 68, banning transgender athletes from competing in girls’ and women’s sports and banning health care for transgender youth statewide.
With a state sports ban already in effect and a federal ban looming, legal experts, lawmakers and LGBTQ+ organizations have expressed deep concern about enforcement of a law that could force students to undergo invasive genital examinations in order to compete.
Ohio already bans transgender athletes
In addition to barring transgender girls and women from competing under HB 68, Ordinance Ohio High School Athletic Association (OHSAA) – which regulates high school sports – also changed its policy to allow transgender girls and newborn women to compete in women’s sports.
Previously, transgender girls and women had to undergo at least a year of hormone replacement therapy (HRT) and provide proof that they had no physical advantage over their peers.
OHSAA’s new rules – consistent with state law under HB 68 – completely ban transgender girls from competing.
The Policy does not outline specific enforcement policies or procedures.
If the federal ban passes, any attempt to repeal HB 68 in Ohio will be superseded by this federal law.
Gender determination
Because H.R. 28 defines gender as “based solely on a person’s reproductive biology and genetics at birth,” it oversimplifies how humans develop and exhibit primary and secondary sex characteristics – particularly during adolescence.
The bill opens up eligibility challenges for student-athletes when hormone and growth patterns are already unpredictable and depends on factors such as diet, physical activity, genetic predisposition, and even the presence of a disease or chronic disease.
When babies are born, doctors assign them one of two genders based on the appearance of their external genitalia. But determining gender is intricate and can sometimes defy binary gender patterns.
Typically, the presence of XX sex chromosomes is associated with girls and women, while XY chromosomes are associated with boys and men. However, differences in sex chromosomeshormones and sexual organs have been documented in various cultures for thousands of years.
Intersex people – who can show up dozens of combinations of sexual characteristics throughout life and “do not fit typical binary concepts of male and female bodies” – are not included in the text of the draft act, despite being included almost 2% general population.
Law enforcement concerns
In a press release, the national LGBTQ+ civil rights group: Human Rights Campaign (HRC) drew attention to incidents of harassment following state-level bans on transgender athletes.
The press release included a story about a cisgender lacrosse player who experienced this brutal harassment because she had brief hair, much like a cisgender basketball player who faced widespread online harassment after a Utah State School Board member falsely suggested that a girl could be transgender.
“We all want sports to be fair, for students to be safe and for young people to have the opportunity to play sports with their peers, but this type of blanket ban deprives children of these things,” she said. HRC President Kelley Robinson. “This bill would expose young people to harassment and discrimination by emboldening people to question the gender of children who do not fit narrow views of how they should dress and look.”
“It may even expose children to invasive, inappropriate questions and examinations,” she added.
HB 68 and H.R. 28 do not specify specific enforcement policies or procedures.
Democrats express concern
Democratic lawmakers have cited similar concerns about law enforcement, including Rep. Becca Balint (D-Vermont)who made an impassioned plea on the floor of the House to reject this legislation.
“Trans Americans are not the problem. This obsession with monitoring children’s genitals is absolutely a problem,” Balint said. “Let’s be clear: this is about the children. My children. Your children. All children. All the kids – even the elementary school kids playing basketball.”
As a parent and former teacher, Balint said she understands the challenges students already face at the school.
“They are already aware of their bodies. They just want to be on the field with their friends,” she added. “They certainly don’t want to be humiliated by members of Congress.” 🔥
Ignite the action
- To register to vote or check your eligibility to vote in Ohio, click here.
- To find the contact information for your Ohio State Representative, click here.
- To find the contact information for an Ohio senator, click here.
- If you are a newborn LGBTQ+ person in crisis, please contact Trevor’s project: 866-4-U-Trevor.
- If you are a transgender adult in need of immediate aid, please contact National Trans Lifeline: 877-565-8860
