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Ten Anti-LGBTQ Bills Sit on Governors’ Desks

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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.

NCAA Opposes Anti-Transgender Legislation

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Top WNBA, NCAA Coaches & Players Call On NCAA To Take Urgent Action Against Anti-Transgender Legislation

Minnesota Lynx Head Coach Cheryl Reeve and Forward Napheesa Collier Join HRC, Athlete Ally, Gender Justice, and NCAA Athletes to Urge NCAA to Make Good On its Commitment to Host Championship Games in Locations ‘Free of Discrimination’

Some of the nation’s top NCAA and WNBA coaches and players joined a growing chorus of athlete voices across the country today speaking out against the slate of discriminatory, anti-transgender bills in state legislatures across the country—aimed at banning transgender youth from participating in sports—calling on the NCAA to take urgent action in response to the legislation being taken up in more than 30 states. The calls for action—made during a press call today—come in the wake of last week’s comments by NCAA President Mark A. Emmert who said the discriminatory legislation conflicts “with NCAA’s core values” and that the NCAA is committed to hosting championship games in locations “free of discrimination.” Today’s remarks—in opposition to the discriminatory legislation and calling on the NCAA to take action—came from:

Cheryl Reeve, GM and Head Coach, Minnesota Lynx:

“The notion that the motivation of transgender athletes is to gain scholarships or a competitive advantage is simply a false narrative. This diminishes the athlete overall. Simply put, trans inclusion makes our sports, our teams, and our communities stronger.”

Napheesa Collier, Athlete (Forward), Minnesota Lynx:

“Transgender inclusion is so crucial for the health, safety and wellbeing of transgender kids …. The NCAA has to take action and withdraw all athletic competition from states considering harmful and anti-transgender sports bills.”

CeCé Telfer, former NCAA champion and transgender athlete:

“As a trans athlete, first of all, I am not a threat to women’s sports because I am a woman. The joy and beauty of finally embracing myself and being in a sport that I love and being on that line with the women I’m supposed to be with, it’s enlightening.”

Alana Bojar, NCAA and cisgender athlete:

“Trans women don’t threaten women and girls sports. They’re my teammates who want to play for the exact same reasons I do: to have fun, to improve ourselves, to make friends, and be physically fit.”

Zooey Zephyr, former high school transgender athlete in Montana:

“I can with the utmost certainty say that I am the woman I am today thanks to the sports I played in my youth and the sports I continue to play in adulthood. Trans girls are girls. Trans boys are boys. They deserve opportunities to become better athletes and better people.”

Aliya Schenck, NCAA and cisgender athlete:

“Sports teach really important life lessons. They teach teamwork. They teach leadership. They teach self-discipline and self control in stressful environments. And these are all lessons that trans kids would be robbed if these bills and these legislations get passed. Trans girls are girls. Trans kids are kids. They’re not a threat to women’s sports, and we’re proud to call them our teammates.”

Alphonso David, President, Human Rights Campaign:

“This is a moment of national crisis where the rights and the very existence of transgender young people are under attack. These [anti-trans sports] bills are nothing more than a coordinated effort from anti-LGBTQ extremists spreading fear and misinformation about transgender people in order to score cheap political points. At this time, though, we are asking the NCAA to do more and to use the power of their visibility to affirm and support transgender and nonbinary athletes across the nation.”

Anne Lieberman, Director of Policy and Programs, Athlete Ally:

“Every day the leadership of the NCAA stays silent, these hateful bills gain momentum. The time has passed for simply monitoring the situation. If you say nothing, even though you have clear policies and practices that support inclusion of trans student athletes, you are implicitly supporting these bills. I want each and every young person in this country to be able to live without fear and be able to play sports as who they truly are.”

Erin Maye Quade, Advocacy Director, Gender Justice:

“Transgender students participate in sports for the same reasons as anyone else: for the physical and mental health benefits, the invaluable lessons of teamwork and self discipline, the lifelong friendships, and, honestly, just to have fun. Like kids everywhere, transgender kids thrive when they are treated with dignity and respect. Being a kid is hard enough. We don’t need politicians making it even harder for kids who are transgender and singling them out for increased bullying and harassment. We need champions for all kids–individuals and institutions, including the NCAA.”

Growing Chorus of Professional and Student Athletes Across the Country Speaking Out Against Anti-Transgender Bills

Today’s calls for the NCAA to take action come amidst a growing chorus of athletes and other prominent sports figures across the country speaking out against the discriminatory measures.

Recently, 500 NCAA student athletes called on the Board of Governors to continue upholding its “NCAA Anti-Discrimination Policy and only operate championships and events in states that promote an inclusive atmosphere.” This week, Minnesota Lynx GM and coach Cheryl Reeve wrote: “Transgender exclusion pits woman athletes against one another, reinforces the harmful notion that there is only one right way to be a woman and distracts us from the real threats to women’s sports.”

In 2016, the NCAA Board of Governors instructed the association to relocate all seven previously awarded championship events from North Carolina after the vote of HB 2, legislation that eliminated existing municipal non-discrimination protections for LGBTQ people and forced transgender students in public schools to use restrooms and other facilities inconsistent with their gender identity. The NCAA has continuously stated a firm position that if participating states do not meet the association’s “expectations of a discrimination-free environment,” they will “not hesitate to take necessary action at any time.”

A recording of today’s media briefing call, and full remarks of all speakers, can be found here. NCAA President Mark A. Emmert’s remarks last week on the NCAA’s commitment to ensuring hosting championship games in locations “free of discrimination” can be found here.

NCAA Opposes Anti-Trans Sports Bills

On the Eve of Final Four Tournament, NCAA President Mark Emmert Speaks Out Against Anti-Trans Sports Bills In States, Reinforces NCAA Will Hold Championship In Locations “Free of Discrimination.”

On the eve of this weekend’s NCAA Final Four tournament, NCAA President Mark A. Emmert spoke out against the slate of discriminatory, anti-transgender bills in state legislatures across the country—aimed at banning transgender youth from participating in sports—framing the legislation as “harmful to transgender student-athletes” and “conflicting with NCAA’s core values.” In addition to criticizing the legislation, Emmert went a step further by reinforcing NCAA’s commitment to hosting championship games in locations “free of discrimination.”

In a letter sent to HRC President Alphonso David—released today by HRC—Emmert wrote: “The NCAA Board of Governors policy requires championship host sites to demonstrate how they will provide an environment that is safe, healthy, and free of discrimination. The board policy also requires that safeguards are in place to ensure the dignity of everyone involved in the event.”

The letter—sent in response to a letter from David—further called out Idaho House Bill 500, a bill that bars transgender women and girls from participating in sports consistent with their gender identity. Emmert expressed that the legislation “conflicts with the NCAA’s core values of inclusivity, respect and the equitable treatment of all individuals.” He further emphasized the NCAA’s commitment to host sites that are “safe, healthy, and free of discrimination.”

“These bills seek to deny the very existence of transgender people, further perpetuating stigma that fuels an epidemic of violence against our community,” said HRC’s Alphonso David. “To be clear, this stigma is directly affecting NCAA athletes; as highlighted in a recent article detailing the steps the NCAA had to take to protect the safety of one of its transgender athletes, including hiring body guards. It bears repeating: this is a moment of crisis. HRC stands ready to support the work of the NCAA to ensure that we continue to foster diversity, inclusion and equity.”

“It’s heartbreaking that during a global pandemic, when transgender youth especially need community and support, we are seeing a record number of proposed bills threatening to ban them from playing sports with their friends,” said Athlete Ally’s Anne Lieberman. “These discriminatory bills are in direct violation of the NCAA’s 2016 nondiscrimination policy for championship events, and we hope to see the NCAA join us in supporting the rights of all LGBTQ+ student athletes to be safe, welcome and included in sport.”

Athletes Across the Country Speaking Out Against Anti-Transgender Bills

Athletes and other prominent sports figures across the country are speaking out against the discriminatory measures. Recently, 500 NCAA student athletes called on the Board of Governors to continue upholding its “NCAA Anti-Discrimination Policy and only operate championships and events in states that promote an inclusive atmosphere.” This week, Minnesota Lynx GM and coach Cheryl Reeve wrote: “Transgender exclusion pits woman athletes against one another, reinforces the harmful notion that there is only one right way to be a woman and distracts us from the real threats to women’s sports.”

The anti-transgender legislation is part of a larger coordinated effort to advance a series of anti-LGBTQ measures in statehouses across the country—where 192 discriminatory bills targeting LGBTQ people are under consideration. Of these discriminatory bills, 93 directly target transgender people and about half of those would ban transgender youth from participating in sports consistent with their gender identity.

The full letter from Emmert is below.

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April 1, 2021

Dear Alphonso:

Thank you for writing to me and the NCAA Board of Governors. We appreciate your continued attention to this issue and are pleased we share the same views on the importance of diversity and inclusion.

As you mentioned, the NCAA, including our more than 1,100 member schools, has long advocated for increased opportunities and inclusion in sport. We are incredibly proud of the opportunities that student-athletes have gained thanks to more inclusive collegiate environments. Our member schools and conferences also share our commitment to offering a diverse and inclusive experience for all our student-athletes, which is why we have developed policies to ensure students have fair and equitable opportunities to compete.

The NCAA is concerned with the numerous bills that have been filed across our country related to sport participation. As we have previously stated in situations such as Idaho’s House Bill 500 and its resulting law, this legislation is harmful to transgender student-athletes and conflicts with the NCAA’s core values of inclusivity, respect and the equitable treatment of all individuals. The NCAA Board of Governors policy requires championship host sites to demonstrate how they will provide an environment that is safe, healthy, and free of discrimination. The board policy also requires that safeguards are in place to ensure the dignity of everyone involved in the event.

The NCAA continues to closely monitor and assess state bills and federal guidelines that impact student-athlete participation. In addition to our longstanding work in diversity and inclusion, in October 2020, the NCAA convened a summit about gender identity and student-athlete participation that focused on issues of competitive equity, inclusion, and physical and mental health for all student-athletes. NCAA inclusion and Sport Science Institute staff and others continue to work with leading experts to assess our transgender participation policy and provide resources to the membership about inclusive practices on their campuses.

We also are aware of President Biden’s recent executive order that strengthens the enforcement power of Title IX as it relates to transgender students on campuses. This federal guidance will be another important mechanism that states consider when formulating new legislation. All NCAA schools also must follow state and federal laws, including Title IX.

It is our clear expectation that all NCAA student-athletes will be welcomed, treated with respect, and have nondiscriminatory participation wherever they compete. We are committed to upholding these principles and will continue to assess emerging laws to ensure student-athletes have fair opportunities.

Thank you again for contacting us.

Sincerely,

Mark A. Emmert

NCAA President

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