Posts tagged with "Anti-transgender legislation"

LGBTQ illustration by Heather Skovlund for 360 Magazine

Ten Anti-LGBTQ Bills Sit on Governors’ Desks

Ten Anti-LGBTQ Bills Sit on Governors’ Desks, Poised to Undermine Rights Across the Country

As a fast and furious effort led by national groups aiming to stymie LGBTQ progress made on the national level and in many states continues to intensify, ten anti-LGBTQ bills currently sit on the desks of governors across the country waiting to be signed into law. These bills are only the latest examples of a concerted effort in state legislatures to undermine LGBTQ rights that has already resulted in the passage of several anti-LGBTQ pieces of legislation in recent months.

“State legislators across the country were elected to represent all of us, not just some of us and yet they continue to send hateful and discriminatory anti-LGBTQ bills to the desks of governors to sign into law, threatening the well-being, health, and fundamental rights of thousands of LGBTQ Americans in states from coast to coast,” said Human Rights Campaign President Alphonso David. “From anti-transgender sports bans to erasing LGBTQ people from school curriculum, these bills are driven by fear and would have a significant negative impact on the lives of so many LGBTQ people. The governors of these states are responsible for protecting their citizens, and they must refuse to sign these baseless and unconscionable cruel bills into law.  Otherwise, they should and will be held accountable for the consequences.”

These bills include blatant attacks on transgender youth, including prohibiting transgender kids from participating in school sports consistent with their gender identity, allow student organizations to discriminate against LGBTQ students under the guise of free speech, erase LGBTQ people from history books, and add substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.

Below is a roundup of the ten anti-LGBTQ bills currently sitting on the desks of governors:

  • ALABAMA
    • House Bill 391 – ANTI-TRANS SPORTS BILL
      • The Alabama Senate and House passed House Bill 391, an anti-transgender bill that would ban transgender youth from participating in school sports consistent with their gender identity. The bill now heads to Governor Kay Ivey’s desk for signature or veto.
  • ARIZONA
    • Senate Bill 1456 – SEX ED PARENTAL NOTIFICATION BILL
      • The Arizona State House passed Senate Bill 1456 – discriminatory legislation that affects not only sexual education material, but all learning materials in the classroom and makes it harder for LGBTQ kids to see themselves in school curriculum.
      • The bill, which would make Arizona’s sex education laws some of the strictest in the nation when it comes to teaching about LGBTQ issues, now heads to Governor Doug Ducey’s desk for consideration.
  • ARKANSAS
    • Senate Bill 389 – SEX ED PARENTAL NOTIFICATON BILL
      • The Arkansas Senate passed Senate Bill 389, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence. This bill disproportionately disadvantages LGBTQ youth who may not have supportive families and put children at greater risk of health consequences.
  • KANSAS
    • Kansas Senate Bill 55 – ANTI-TRANS SPORTS BILL
      • The Kansas Senate passed Senate Bill 55, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • MONTANA
    • Senate Bill 280    – BIRTH CERTIFICATE BILL
      • The Montana Senate passed SB 280, a bill that adds substantial hurdles for transgender people who want to change the gender on their birth certificate by first requiring gender-affirming surgery.
    • Senate Bill 215 – RELIGIOUS REFUSAL BILL
      • The Montana House passed SB 215, an expansive religious refusal bill that could grant a license to discriminate against Montanans and visitors, including LGBTQ people, people of faith, and women, across a wide range of goods and services in the state.
  • NORTH DAKOTA
    • House Bill 1503 – ANTI-ALL COMERS BILL
      • Many public colleges and universities have long had “all-comers” policies that require student organizations receiving financial and other support from the institution not to discriminate against students based on race, sex, religion, sexual orientation or gender identity.
      • These policies allow all members of the student body to participate in student organizations and prevent such organizations from discriminating against students with state funding. The Supreme Court upheld these all-comers policies as constitutional in the Christian Legal Society v. Martinez decision in 2010.
      • North Dakota HB 1503, in part, undermines inclusive “all-comers” policies at North Dakota public colleges and universities, by allowing student organizations to discriminate against LGBTQ students under the guise of free speech.
    • House Bill 1298 – ANTI-TRANS SPORTS BILL
      • The North Dakota Senate passed House Bill 1298, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.
  • TENNESSEE
    • Senate Bill 1229 – SEX ED PARENTAL NOTIFICATION
      • The Tennessee Senate passed Senate Bill 1229, a bill which would require a school district to notify parents before “providing a sexual orientation curriculum or gender identity curriculum” in any kind of instruction, including but not limited to education on sexuality.
      • In addition to making it harder for students kids to access sex education, it could also preclude discussion about sexuality more broadly, including in literature and history classes, for example. A district could be forced to notify parents, provide curriculum materials, and allow parents to opt students out of learning about important modern and historical events, from the A.I.D.S. epidemic to the Stonewall riots to even Supreme Court jurisprudence.
      • SB 389 also disproportionately disadvantages LGBTQ youth who may not have supportive families and puts children at greater risk of health consequences.
  • WEST VIRGINIA
    • House Bill 3293 – ANTI-TRANS SPORTS BILL
      • The West Virginia Senate passed House Bill 3293, an anti-transgender bill that would ban transgender girls from participating in school sports consistent with their gender identity.

Wide range of businesses and advocacy groups oppose anti-trans legislation

  • More than 65 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory anti-transgender legislation under consideration on notice that their actions will have repercussions for their states.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

A new PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

Trans Rights illustration by Heather Skovlund for 360 Magazine

The “Slate of Hate”

Anti-Trans Bills Moving in State Legislatures Across the Country, Explained

Many state legislatures across the country have embraced a discriminatory agenda as hundreds of bills that would weaken protections and rights for LGBTQ people—more than 100 of which vilify and marginalize transgender people, particularly trans youth—are moving through statehouses at an alarming rate. Despite widespread, overwhelming public opposition to the bills, a closer look reveals this onslaught of discriminatory legislation is being driven by a group of well-funded, national anti-LGBTQ organizations—including the Heritage Foundation, the Eagle Forum, and Alliance Defending Freedom, which is designated as a “hate group” by the Southern Poverty Law Center.

  • These national organizations have launched a full-throated strategy to chip away and weaken LGBTQ rights and protections by fomenting clashes in the states—using state legislatures to spread misinformation about LGBTQ (particularly transgender) people, and fabricate a groundswell of  seemingly anti-LGBTQ sentiment.
  • Using state legislatures as the strategic vehicles to embrace and pass a flurry of anti-LGBTQ legislation, the strategy is gaining ground — as discriminatory, anti-LGBTQ copycat bills are being pushed through state legislatures at an alarming rate.
  • This strategy, in many cases, seeks to vilify trans youth to undermine broader LGBTQ progress, and to reignite culture wars that most of the country has moved beyond.

Anti-LGBTQ Bills Seek to Vilify Trans Youth

So far, there are more than 200 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 106 directly target transgender people and 56 of those would ban transgender girls and sometimes women from participating in sports consistent with their gender identity. The legislation moving in these states seek to vilify and marginalize transgender youth by denying them the fundamental opportunities to participate in youth sports activities and — more egregiously — deny them health care:

  • Denying health care for trans kids: The anti-transgender effort to target transgender youth by denying them medically necessary services and gender-affirming care have sprung up in 20 states. These bills are opposed by organizations dedicated to children’s health, including the American Academy of Pediatrics, the American Association of Child and Adolescent Psychiatry, the National Association of Social Workers, and more. Some of these bills moving through state legislatures include:
  • The Alabama House of Representatives passed SB 10, which would make it a felony for medical providers to provide age-appropriate, best practice, medically-necessary care.
  • Arkansas Governor Asa Hutchinson’s veto of HB 1570 was overridden by the legislature.
  • The Tennessee state legislature is considering HB 578 (SB 657), which would classify providing gender-affirming care as child endangerment, triggering criminal, civil, and professional penalties.
  • Denying organized sports opportunities for trans youth: We’re seeing many extremely similar bills in states across the country that would ban transgender girls and sometimes women from participating in sports consistent with their gender identity at the elementary, secondary, or post-secondary level. These bills have been introduced in 30 states. We’ve already seen some of these bills signed into law, including:

Legislators across the country have failed to provide examples of issues in their states to justify these bills, laying bare the reality that these are attacks on transgender youth are fueled by discrimination and not supported by fact. State athletic associations, as well as collegiate and professional sports organizations, have had trans-inclusive policies for years without incident, and there is no reason states need a ban on transgender participation in sports.

Top Businesses, Athletes, Advocates Oppose Anti-Trans Hysteria  

These discriminatory bills—driven by national anti-LGBTQ groups, not local stakeholders or public concern—will have a devastating impact on LGBTQ people, particularly transgender youth. Legislators pushing these bills forward are also ignoring the views of leading corporations, health and welfare organizations, and the majority of voters, all of whom oppose anti-LGBTQ legislation.

Wide range of business and advocacy groups, athletes oppose anti-trans legislation.

  • Earlier this month, nearly 70 major U.S. corporations stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  •  The nation’s biggest advocates for women and girls spoke out in support of full and equal inclusion of transgender women and girls in sports, including the National Women’s Law Center, American Association of University Women, and the Women’s Sports Foundation, among many others.
  • This week, leaders of four of the largest food companies and major employers in the United States — Danone North America, Mars, Inc., Nestlé USA, and Unilever — spoke out against anti-LGBTQ legislation and called for the swift passage of the Equality Act in the Senate.
  • Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states with anti-trans sports legislation. At the height of March Madness, NCAA President Mark A. Emmert also spoke out against the slate of discriminatory, anti-transgender bills in state legislatures across the country and committed to hosting championship games in locations that provide an environment that is safe, healthy, and free of discrimination.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters.

Transgender Sports illustration by Heather Skovlund for 360 Magazine

NCAA LGBTQ OneTeam

NCAA LGBTQ OneTeam facilitators publish open letter condemning anti-transgender legislation

The NCAA LGBTQ OneTeam, a group of NCAA- trained facilitators at colleges across the country published an open letter condemning the actions taken by 28 states across the country to introduce, pass, and sign anti-transgender legislation. 2021 has been a record year for anti-transgender legislation, with 93 anti-transgender bills introduced across the country, the vast majority of which attempt to ban transgender women and girls’ participation in girls’ sports or ban transgender youth from accessing medically necessary, gender-affirming health care.

Laws have been signed banning transgender women and girls’ participation in girls’ sports in Mississippi, Tennessee, and Arkansas, with Executive Orders being signed to the same effect in South Dakota.  Legislators across the country have failed to provide examples of issues in their states to attempt to justify these attacks, laying bare the reality that these are attacks on transgender youth that are fueled by discrimination and not supported by fact.  Collegiate and professional sports organizations have had trans-inclusive policies for years without incident, and there is no reason any state would need a ban on transgender participation in sports.

The NCAA LGBTQ OneTeam open letter reads as follows:

An Open Letter in Support of Transgender Student-Athletes

We, the undersigned, are facilitators of the National Collegiate Athletics Association’s (NCAA)Division III LGBTQ OneTeam Program, which is a national training program that fosters LGBTQ+ inclusion in NCAA Division III athletics, and members of the NCAA’s Division III LGBTQ Working Group. Given the recent rise in legislation that is focused on excluding transgender people from athletics across the country, we have decided to use our collective voice to condemn such actions. We call on elected officials across the country to immediately halt legislation that is aimed at excluding transgender youth and young adults from equal and equitable participation in sport.

In our role with the NCAA’s LGBTQ OneTeam Program, we train coaches, athletics administrators, and student-athletes across the whole of Division III athletics. This program is aimed at helping to understand the importance of LGBTQ inclusion in college athletics, while also identifying strategies and best practices for institutions and conferences to better ensure that all student-athletes–regardless of their sexuality, gender identity, and/or gender expression–can participate in an inclusive and safe athletic climate. We cannot, in good conscience, fail to speak out at this critical moment.

In the past several weeks, actions–which are aimed at excluding transgender youth and young adults from equal and equitable participation in sport–have been taken by elected officials inseveral states, including Alabama, Arizona, Arkansas, Connecticut, Florida, Georgia, Iowa, Kansas, Kentucky, Maine, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia. At the time of this writing, the Governors ofArkansas,Idaho,Mississippi, andTennessee have already signed such dangerous legislation into law. 

Legislation aimed at categorically banning transgender people–and particularly transgender girls and women–from sport is inherently discriminatory. Such legislation is often “informed” by hate and misinformation rather than science, and it is most certainly “informed” byfear instead of fact. Conversely, trans-inclusive policies, such as those established by theNCAA and theInternational Olympic Committee (IOC), are better informed by the current scientific evidence, and this evidence shows that transgender women do not have an inherent competitive advantage over cisgender women.

Furthermore, discriminatory legislation that is aimed at excluding transgender people from sport has a number ofserious consequences for transgender students. Such legislation dehumanizes transgender students, refuses them the opportunity to participate equally and equitably in athletics, undermines their support in educational settings, damages their mental health, and ultimately harms these students, while also contributing to an exclusionary athletic environment and a more hostile school climate for all students.

We immediately call for 1) an end to such legislation in all states and 2) a repeal of such laws in Arkansas, Idaho, Mississippi, and Tennessee. And finally, we also encourage our legislators to better consider theNCAA best practices and importance of an inclusive athletic environment for all student-athletes.

Sincerely,

The Undersigned

Timothy R. Bussey, Ph.D.

Pronouns: they/them

Associate Director, Office of Diversity, Equity, and Inclusion | Kenyon College

Kayla Hayes, M.Ed.

Pronouns: she/her

Associate Head Women’s Basketball Coach Dept. of Athletics | Denison University

Kyrstin Krist, Ph.D.

Pronouns: she/her

Associate Professor of Kinesiology and Faculty Athletic Representative | Methodist University

Melynda Link, M.B.A.

Pronouns: she/her

Director of Athletic Facilities & Game Day Operations, Dept. of Athletics | Haverford College

Kathleen M. Murray

Pronouns: she/her

President, Office of the President | Whitman College

Jess Duff

Pronouns: she/her

Assistant Athletic Director for Student Athlete Services & Internal Operations Dept. of Athletics | Bates College

Jessica Weiss

Pronouns: she/her

Head Field Hockey Coach, Dept. of Athletics | Randolph-Macon College

Jennifer Dubow

Pronouns: she/her

Executive Director | Southern California Intercollegiate Athletic Conference (SCIAC)

Maura Johnston

Pronouns: she/her

Head Field Hockey Coach, Dept. of Athletics | Fairleigh Dickinson University

Scott McGuiness

Pronouns: no pronouns

Director of Athletics, Dept. of Athletics | Washington & Jefferson College

Danielle Lynch, M.S.Ed.

Pronouns: she/her

Senior Woman Administrator and Head Track and Field/Cross Country Coach Athletic Department | Penn State University – Harrisburg

Melissa Walton

Pronouns: she/her

Senior Associate Athletic Director Athletic Department | Albion College

Amy Reed

Pronouns: she/her

Senior Woman Administrator and Head Women’s Basketball Coach Dept. of Athletics | Rochester Institute of Technology

Donna M. Ledwin

Pronouns: she/her

Commissioner | Allegheny Mountain Collegiate Conference (AMCC)

Donnesha Blake, Ph.D.

Pronouns: she/her

Director of Diversity and Inclusion Dept. of Student Affairs | Alma College

Tim Wilson

Pronouns: he/him

Assistant Track and Field Coach, Dept. of Athletics | Stevens Institute of Technology

Anne Kietzman

Pronouns: she/her

Head Field Hockey Coach, Dept. of Athletics | Washington College

Ashley Crossway, D.A.T., A.T.C.

Pronouns: she/her

Assistant Professor and Coordinator of Clinical Education Dept. of Kinesiology | SUNY Cortland

Melissa Brooks

Pronouns: she/her

Head Women’s Basketball Coach Athletic Department | Fairleigh Dickinson University – Florham 

Tiffany Thompson

Pronouns: she/her

Associate Director of Gender and Sexuality Initiatives, Intercultural Center | Swarthmore College

Kirsten Clark

Pronouns: she/her

Associate Athletic Director, Dept. of Athletics and Recreation | Clark University

Kate Levin

Pronouns: she/her

Assistant Sports Information Director Dept. of Athletics | Ramapo College

Cori Collinsworth

Pronouns: she/her

Head Softball Coach, Athletic Department | Hanover College

Bethany Dannelly

Pronouns: she/her

Associate Director of Athletics, Dept. of Physical Education and Athletics | Washington and Lee University

Jennifer Childress-White, M.Ed.

Pronouns: she/her

Assistant Athletic Director and University Title IX Coordinator Dept. of Athletics | Pacific Lutheran University

Elise Fitzsimmons, M.S., A.T.C.

Pronouns: she/her

Assistant Athletic Trainer, Dept. of Athletics| SUNY Oswego 

Amanda Walker

Pronouns: she/her

Athletic Program Coordinator Athletics Department | Lake Forest College

Danielle O’Leary

Pronouns: she/her

Senior Woman Administrator and Head Women’s Lacrosse Coach Athletics Department | Mount Aloysius College

Crystal Lanning

Pronouns: she/her

Director of Athletics, Dept. of Athletics | University of Wisconsin – River Falls

Neil Virtue

Pronouns: he/him

Assistant Director of Athletics and Head Swimming Coach | Dept. of Athletics, P.E., and Recreation Mills College

Jose’ Rodriguez, M.Ed.

Pronouns: he/him

Chief Diversity Officer, Office of University Diversity Initiatives | Cabrini University

Karen Moberg, M.Ed., L.A.T., A.T.C.

Pronouns: she/her

Associate Athletic Trainer, Athletic Department | Macalester College

Yishka Chin

Pronouns: she/her

Coordinator for Tutoring Services and Trailblazer Program Director, Dept. of Student Success | Notre Dame of Maryland University

Renee Bostic

Pronouns: she/her

Director of Athletics & Wellness Dept. of Athletics & Wellness | Notre Dame of Maryland University

Megan Cullinane

Pronouns: she/her

Assistant Athletic Director and Deputy Title IX Coordinator for Athletics Dept. of Athletics and Recreation | University of Massachusetts – Boston

Maureen Harty

Pronouns: she/her

Executive Director | College Conference of Illinois and Wisconsin (CCIW)

Stephanie Dutton

Pronouns: she/her

Commissioner | North Eastern Athletic Conference (NEAC)

Sharia Marcus-Carter

Pronouns: she/her

Senior Woman Administrator and Director of Compliance, Athletics Department | Brooklyn College

Trans Rights illustration by Heather Skovlund for 360 Magazine

Montana’s Anti-Trans Sports Bill

Montana Sends Anti-Trans Sports Bill To Gov. Gianforte 

Today, the Montana Senate passed House Bill 112, an anti-LGBTQ bill that would ban transgender girls and women from participating in sports at the elementary, secondary, or post-secondary level consistent with their gender identity. The bill now heads to Governor Greg Gianforte’s desk for signature or veto. Montana was the first legislature to take up anti-transgender legislation in the 2021 session, considering it in January in a rushed House process and before any serious legislation to address the COVID-19 crisis.

Montana has been at the tip of the spear in the legislative fight to pass discriminatory anti-transgender legislation, a fast and furious effort led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. There are so far 192 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 93 directly target transgender people and about half of those would, like HB 112, ban transgender girls and women from participating in sports consistent with their gender identity.  Legislators across the country have failed to provide examples of issues in their states to attempt to justify these attacks, laying bare the reality that these are attacks on transgender youth that are fueled by discrimination and not supported by fact.  Collegiate and professional sports organizations have had trans-inclusive policies for years without incident, and there is no reason Montana needs a ban on transgender participation in sports.  Human Rights Campaign President Alphonso David issued the following statement in reaction:

“Montana legislators have sadly led the national effort to advance these discriminatory bills that put fear over facts, science, and medicine. Montana legislators are putting Governor Gianforte in a position to jeopardize the wellbeing of the state and put transgender kids in danger in favor of [this] anti-equality political talking point. While no Montana legislator has provided examples of what they claim to be legislating against, they continue to justify prioritizing this manufactured issue over addressing the COVID-19 pandemic and its economic fallout. Transgender kids are kids, and they deserve better than this targeted discrimination. Ultimately, this is a bad deal for all Montanans, who would also be subject to the catastrophic consequences that other states have faced after passing anti-transgender legislation.”

Wide range of business and advocacy groups, athletes oppose anti-trans legislation

  • Earlier this month, more than 55 major U.S. corporations stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states with anti-trans sports legislation
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous, anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

The Human Rights Campaign is America’s largest civil rights organizations working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work and in every community.

Trans Rights illustration by Heather Skovlund for 360 Magazine

Gov Noem × Anti-Trans Sports Bills

South Dakota Gov. Noem Exposes Vulnerabilities for All States Considering Anti-Trans Sports Bills

On Friday, March 19th, South Dakota Governor Kristi Noem issued a style-and-form veto of HB 1217, the anti-transgender sports ban bill that she had previously expressed excitement about signing. Having made several substantive changes to the legislation, including striking collegiate-level provisions from the bill, it will now be sent back to the legislature. This backtrack, by even an extreme governor with national political aspirations, exposes the economic, legal, and reputational threats these bills pose to states considering anti-transgender legislation and has sparked an uproar amongst conservative groups who see Governor Noem playing politics and trying to have it both ways. 

Gov. Noem’s winding path from “excited to sign” to a veto

Today, Noem held a press conference standing alongside known anti-LGBTQ extremists to justify her veto

  • Today in a press conference, Governor Noem announced the creation of a coalition to “Defend Title IX Now” which appears to be a national list-building exercise by Noem, with a website created yesterday by someone in Ohio (coincidentally, Governor Noem’s campaign website was created by Ohio political consultants The Aventine Group). This website’s “paid for by” disclaimer refers to a committee that is not yet registered with the Federal Election Commission or the South Dakota Secretary of State’s office.
  • When asked in today’s press conference why she was pressing a ban on transgender student athletes when there are no transgender players currently competing in secondary school sports in South Dakota, Gov. Noem replied “it’s an issue because people are talking about it and for the future.”
  • Among the speakers in today’s press conference was former NFL player Jack Brewer who, in March of 2020, said that he opposed President Barack Obama for “normaliz[ing] the black gay culture.”
  • Noem said of HB 1217, that it was a “trial lawyer’s dream” that would open the state to litigation in its current form and expressed concern for NCAA repercussions, saying “if we’re going beyond [K-12] to the collegiate level…just know that we could face retaliation — it’s more than likely, and at that point, we would have to sue, which is a cost to the taxpayers.” 

From praise to condemnation from anti-equality extremist groups

  • When announcing her support for signing the legislation, Noem quote-tweeted the American Principles Project.
  • But only weeks later, American Principles Project shared their condemnation of Governor Noem’s style-and-form veto of HB 1217, saying that she “[broke] her word,” “[froze] out advocates of HB 1217 and instead [took] advice from the bill’s most vocal critics,” and that “[b]y standing with Joe Biden and the radical left against protecting women’s sports, Noem has irreparably damaged her standing with both her own constituents as well as Americans nationally… This betrayal will have political consequences.”
  • The Alliance Defending Freedom, a Southern Poverty Law Center-designated hate group, went from support to condemnation as well, saying in a statement that Governor Noem “abuse[d]” her veto power to “cave to ‘woke’ corporate ideology.” They similarly called Noem’s actions a “betrayal” and characterized today’s press conference as damage control to rehabilitate her “credibility and political image.”
  • In reaction to today’s press conference, Sean Davis, co-founder of the conservative publication The Federalist tweeted: “Stop making excuses and insulting everyone’s intelligence and sign the bill already. This is embarrassing.”