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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.

North Carolina Introduces Anti-Trans Sports Ban

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On Fifth Anniversary of HB 2 ‘Bathroom Bill’ Passage, North Carolina Introduces Anti-Trans Sports Ban.

North Carolina puts forward another anti-transgender bill, again invoking the rhetoric of protecting women and girls from transgender people.

Late Monday, the North Carolina House introduced House Bill 358, an anti-transgender bill that would ban transgender girls and women from participating in sports (including college sports) consistent with their gender identity. The timing of this bill introduction could not have been more ironic, as it came on the eve of the fifth anniversary of Governor Pat McCrory signing the now-notorious House Bill 2, which mandated discrimination against transgender people in bathrooms.

Like HB2, the “Save Women’s Sports” bills rely on false narratives based in fear, rather than facts or science. Like HB2, these sports bans are fear mongering and an attempt to score political points by singling out already marginalized people for additional discrimination.

“In a moment of sad irony, North Carolina legislators have shown they clearly did not learn their lesson from the HB 2 ‘Bathroom Bill’ fight that threatened the state to the tune of billions in revenue, taxpayer-funded litigation, and a tarnished reputation–in addition to the personal reputational harm Gov. Pat McCrory suffered that cost him his job,” said Human Rights Campaign State Legislative Director and Senior Counsel Kate Oakley. “By introducing an anti-transgender sports ban bill, they are playing with fire once again, and engaging in a fight that is doomed to the same fate. This legislation is simply the latest iteration in a failed series of attempts to thwart equality for LGBTQ people. Two conservative governors have either threatened to veto or vetoed anti-transgender sports ban legislation out of the same fears that were realized in North Carolina five years ago. Let North Carolina’s ‘bathroom bill’ fight be a lesson to all states and governors considering anti-transgender legislation this session. North Carolina does not want to go down this road again.”

The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states – quite like the bathroom bill push in 2016. There are 174 anti-LGBTQ bills under consideration in state legislatures across the country so far this year. Of those, 95 directly target transgender people and about half of those would, like HB 358, ban transgender girls from participating in sports consistent with their gender identity. As was the case in the HB 2 fight, legislators across the country invoke hypothetical scenarios of harm but have failed to provide actual 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 North Carolina or any other state needs a ban on transgender participation in sports.

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 joined 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 1,000 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.

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

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 economy and reputation of North Carolina suffered very real harm caused by HB2. Here’s just a snapshot of the overwhelming outcry at the time of the bill’s passage:

Over 200 major business leaders, from Apple to Zola, signed an open letter to NC Gov. Pat McCrory opposing HB2, because discrimination is bad for business. The letter was first announced on March 29, 2016, when it was hand-delivered to Pat McCrory by HRC President Chad Griffin, Equality NC Executive Director Chris Sgro and transgender advocate Candis Cox.
On April 5, 2016, PayPal CEO Dan Schulman announced that the company will seek an alternative location for its new “global operations center.” PayPal’s investment was expected to bring 400 skilled jobs to North Carolina, with an annual payroll impact of more than $20 million. In its statement, Schulman said, “The new law perpetuates discrimination and it violates the values and principles that are at the core of PayPal’s mission and culture.”
On April 8, 2016 Bruce Springsteen cancelled his concert in North Carolina over HB2, saying, “Some things are more important than a rock show and this fight against prejudice and bigotry-which is happening as I write-is one of them. It is the strongest means I have for raising my voice in opposition to those who continue to push us backwards instead of forwards.”
On May 4, 2016, the U.S. Department of Justice determined North Carolina’s discriminatory HB 2 violates federal civil rights law, including Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972. At a press conference on May 9, Attorney General Loretta Lynch spoke directly to the transgender community, saying “We see you. We stand with you, and we will do everything we can to protect you going forward.”
On July 21, 2016, the NBA decided to stand up to North Carolina lawmakers who refused to repeal HB2 by pulling its 2017 All-Star Game from Charlotte, NC. Despite the NBA’s repeated warnings that it would have to consider moving the high-profile game out of the state if the anti-LGBTQ law was not repealed, the state’s General Assembly shamefully adjourned after 100 days of inaction.
In North Carolina, basketball is king-but that didn’t stop the NCAA from standing up for their LGBTQ players, employees and fans by vowing to move tournament events from the state because of HB2. The NCAA announced that they would move all 2016-2017 championship games out of the state on September 12, 2016.
On Election Day, NC Governor Pat McCrory, who signed HB2 into law, was defeated at the ballot box — the only incumbent governor from either party to lose on Election Day. Polling by Greenberg Quinlan Rosner Research showed that HB2 was the most cited issue leading to McCrory’s defeat in those who voted against McCrory.
In February, the North Carolina Sports Association sent a letter to lawmakers warning of a loss of NCAA championship games through 2022 if HB2 is not immediately repealed. In the letter, the sports association warned that the NCAA decision could cost the state at least another half a billion dollars in economic activity when other sports organizations follow the NCAA’s lead in moving events out of the state. In November 2016, Forbes estimated that the state had already lost hundreds of millions of dollars due to HB2.
In March, the Greensboro Coliseum Complex revealed it had lost $23.5 million in revenue from various championships and conventions because of HB2.

Anti-Trans Bill Passages

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First Anti-Trans Bill of 2021 Heads to Mississippi Governor’s Desk

Bill is the first specifically anti-transgender piece of legislation to pass a legislature this session, and the second anti-LGBTQ piece of legislation to do so

Mississippi passed SB 2536, an anti-transgender sports bill. This bill marks the first piece of specifically anti-transgender legislation this year to be sent to a governor’s desk and comes on the same day the first piece of anti-LGBTQ legislation, SB 124 — a broad sweeping religious refusal bill — passed the second chamber in South Dakota. The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. There are so far 131 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 71 directly target transgender people and about half of those would, like SB 2536, ban transgender girls and women from participating in sports consistent with their gender identity. Human Rights Campaign President Alphonso David issued the following statement in response to the passage of SB 2536 in Mississippi:

“As thousands die each day of COVID-19 and millions of Americans are out of work, some state legislatures have chosen to attack, demean and dehumanize their constituents rather than focus on delivering relief and assistance. These dangerous bills are designed to make the lives of transgender kids more difficult while they try to navigate their adolescence. Anti-transgender legislation being heard and voted on across the country are legislating against problems that simply do not exist – as even their proponents admit. This is just the latest iteration of their losing fight against equality and a shameful attempt to throw a wrench in the progress we’re making with a pro-equality President and Congress.

“Today, in sending SB 2536 to Governor Reeves, Mississippi became the first state to take the plunge by passing legislation specifically attacking transgender children. Mississippi is so determined to be on the wrong side of history that it is defying the evidence in favor of discrimination. There is simply no justification for banning transgender girls and women from participating in athletics other than discrimination. Like all girls, transgender girls just want to play and be part of a team with their friends. History will not look kindly on this moment in Mississippi.”

These bills are not addressing any real problem, and they’re not being requested by constituents. Rather, this effort is being driven by national far-right organizations attempting to score political points by sowing fear and hate. What they don’t understand is opposing equality is highly unpopular — even among Trump voters — and states that pass legislation that attacks our community will face severe economic, legal, and reputational harm. In many cases, these legislative pushes are being prioritized above COVID-19 response and relief. This push comes as equality measures gain not only popular support but legislative momentum on the federal level, with the Biden Administration championing equality in early Executive Actions and Congress considering the Equality Act within the first 100 days of the new Administration.

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 — hateful 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.

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

Idaho is the only state to have passed an anti-trans sports ban to date, and that law 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.

TOMORROW: HRC To Hold Emergency Press Conference To Discuss Passage Of First Anti-Transgender & Anti-LGBTQ Bills of 2021

Thursday, March 4th, the Human Rights Campaign will be hosting an emergency virtual press conference to discuss the passage of SB 2536, an anti-transgender sports ban bill in Mississippi, marking the first time in 2021 that a specifically anti-transgender bill will be sent to a governor’s desk, and SB 124, a religious refusal bill in South Dakota that marked the first anti-LGBTQ bill sent to a governor’s desk. Today’s press call will include reaction from Human Rights Campaign President Alphonso David, expert analysis from State Legislative Director and Senior Counsel, affected voices from the states and perspective from in-state advocates who will detail the bills and offer context for other anti-transgender bills making its way through state legislatures across the country.

PLEASE RSVP BY EMAILING WYATT.RONAN@HRC.ORG

WHAT:

Press call discussing the passage of SB 2536, the first anti-transgender bill of 2021

WHO:

Alphonso David, President, Human Rights Campaign

Cathryn Oakley, State Legislative Director & Senior Counsel, Human Rights Campaign

Janna Farley, ACLU of South Dakota

Jarvis Dorth, ACLU of Mississippi

Katy Binstead, parent of a transgender young person in Mississippi

WHERE:

Zoom Virtual Press Link here. (passcode: 880430) (Please RSVP to wyatt.ronan@hrc.org)

WHEN:

Thursday, March 4th, 2021 – 9:45 am ET

Legislative Update: Anti-LGBTQ Bills Moving In 6 States

HRC Tracking 147 Anti-LGBTQ Bills, 73 Explicitly Anti-Transgender Bills

The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. The Human Rights Campaign is currently tracking 147 anti-LGBTQ bills across the country, including 73 explicitly anti-transgender bills. Three of these bills have already been passed and could soon be signed into law, and more are coming. We are tracking 37 bills aimed at banning transgender kids from playing sports, 25 bills aimed at limiting medical care for transgender people, and 22 bills to allow discrimination under the guise of religious freedom.

In Mississippi and South Dakota, state legislators have already passed bills targeting LGBTQ people, sending three pieces of anti-LGBTQ legislation to the governor for signature or veto. Both states passed bills to ban transgender girls from playing sports. South Dakota legislators also passed a religious refusal bill granting a license to discriminate against LGBTQ people.

Yesterday, an anti-transgender sports bill in Arkansas, SB 354, was also considered by a Senate committee and recommended for passage. Today, three more anti-LGBTQ bills will be heard in committees in state legislatures across the country.

Arkansas’ HB 1570, an anti-transgender medical bill, is expected to have a hearing in House Public Health, Welfare and Labor Committee.

New Hampshire’s HB 198, an anti-transgender sports bill, will be heard in the House Education Committee.

Tennessee’s HB 1233 is scheduled for a hearing in the K-12 Subcommittee. It is known locally as the “student bathroom bill 2.0” because it would deny transgender Tennesseans access to the bathrooms and locker rooms consistent with their gender identity.

Tomorrow, seven anti-equality bills will be heard, five of which explicitly target the transgender community.

Alabama’s HB 1/SB 10, which would make it a felony to provide gender-affirming care to transgender kids, will be heard in the state’s House Health Committee.

In Arkansas, a hearing is expected in the Senate Judiciary Committee on Wednesday for the anti-transgender sports bill SB 450.

In Missouri, a hearing is expected on HB 33, which would ban gender affirming care for transgender kids.

In Montana, a hearing is expected at 3 PM MST on SB 99, which would require school districts to obtain written consent from a parent in order to teach their child sex ed and ban organizations like Planned Parenthood from offering any instructional materials.

In New Hampshire, HB 440 would allow discrimination against LGBTQ people under the guise of religious liberty. A hearing is scheduled for 9 AM on Wednesday in the House Judiciary Committee’s executive session.

In Tennessee, two more anti-LGBTQ bills are slated for hearings on Wednesday. HB 578 is an anti-transgender healthcare bill, and SB 1224 is an anti-transgender bathroom bill.