Banning Transgender Athletes
As of July 25, 2021
8 States ban transgender athletes
16 States have proposed bans
11 States empower transgender athletes
New Laws Banning Some Transgender Athletes
- Alabama HB391 was signed into law on April 23, 2021
- Arkansas signed two bills into law on March 25, 2021:
SB354 became Act 461
SB450 became Act 953
- Idaho's Fairness in Women’s Sports Act was:
- Signed into law on March 30, 2020
- Enjoined by Idaho Federal District Court on August 17, 2020 who found that this Act discriminated against some transgender athletes.
- Appealed before the 9th Circuit Court of Appeals on May 3, 2021 and the U.S. Department of Justice filed an amicus brief with the 9th Circuit defending the ban. Justices of the Ninth Circuit U. S. Court of Appeals reviewed the constitutionality of Idaho's Fairness in Women’s Sports Act on Monday, May 3, 2021 in Pasadena, California. The case being reviewed is called Lindsay Hecox v. Bradley Little. Lindsay Hecox is a transgender woman and an athlete and Bradley Little is the Governor of Idaho. The law being reviewed is Idaho Code §§ 33-6201 through -6206, which excludes transgender women from participating on women’s sports teams. The case number is 20-35813.
On June 24, 2021, Hecox v. Little was remanded to the district court to for the limited purpose of determining whether Ms. Hecox's claim is moot because she has withdrawn from the University.
- Mississippi Fairness Act (SB2536) was signed into law on March 11, 2021
- Montana HB112 was signed into law on May 7, 2021
- South Dakota HB1217 was vetoed on March 29, 2021 but the Governor issued two executive orders:
- Protecting Girls' Sports in High School Order #: 2021-05 filed on March 29, 2021
- Protecting Womens' Sports in College Order #: 2021-06 filed on March 29, 2021
- Tennessee HB0003/SB0228 was signed into law on March 26, 2021 and became Tennessee Pub. Ch. 40
- West Virginia HB3293 was signed into law on April 28, 2021
West Virginia SB341, HB2676, HB2734, HB2917 defined penalities for breaking this law
Bills In-progress to Ban Transgender Athletes
- Georgia Save Girls Sports Acts (HB372/SB266) are in progress
- Hawaii HB1304 is based on studies showing that even with testosterone suppression and cross-hormone therapy, transgender women did not have a significant decrease in muscle mass. Therefore, biologically born males may not compete in athletic programs offered to public high school women or girls.
- Iowa - In January 2021, three republicans introduced then withdrew HB184. A similar bill, HB334, was in progress as of February 2, 2021. Iowa Governor Kim Reynolds has vowed to sign a bill banning transgender youth from girls sports
- Michigan SB0218 was introduced March 10, 2021
- Missouri Save Womens Sports Act (SB503) was introduced February 11, 2021
- Minnesota HF1657 creates criminal penalties for males participating in female athletics
HF350, HF352, and SF96 restrict participation based on sex assigned at birth
- North Carolina Save Womens Sports Act (H358) is in progress
- Ohio Save Womens Sports Act (HB61/SB132) are in progress
- Oklahoma SB2 passed the House and the Senate
- Pennsylvania HB972 Fairness in Womens Sports Act was introduced on April 5, 2021
- Rhode Island Fairness in Womens Sports Act (S0638) is in progress
- South Carolina HB4153 and HB3477 were set aside on March 16, 2021 by the House Judiciary Committee. However, Governor McMaster has vowed to sign a bill banning transgender youth from girls sports and House members have signed up to support such a bill. The last action was March 24, 2021
- Texas SB29 was voted down in the House committee on May 4, 2021. Lawmakers approved HB4042, a substitute bill, but it was left pending in committee on April 20, 2021
- Utah HB302 stalled in the Senate on March 5, 2021 and a new version of the bill was introduced that would allow transgender youth to play on girls teams except when competing with teams from other schools.
- Washington HB1556 was introduced March 18, 2021
- Wisconsin SB322/SB323 were introduced April 22, 2021
- Arizona Save Womens Sports Act (HB2706) passed in the House then died in the Senate on May 8, 2020
- California SR40 applies Title IX to everyone regardless of gender expression: WHEREAS, The educational equity guaranteed in Title IX does not solely apply to women. It protects everyone from sex-based discrimination, regardless of real or perceived sex, gender identity, or gender expression
- Connecticut Court case: on April 25, 2021, U.S. District Court Judge Robert Chatigny decided there was no case because the two transgender athletes involved had graduated and the plaintiffs were not able to identify any other female transgender athletes. Soule v. Conn. Assoc of Sch., Case No. 3:20-cv-00201 (RNC) (D. Conn. Apr. 25, 2021)
- Florida Governor DeSantis announced he would sign a Fairness in Womens Sports Act. However, it appears that HB1475/S2012 died in the rules committee on April 30, 2021.
- Kansas SB55 was vetoed on May 3 2021 and the veto was sustained
- Kentucky SB106 died in committee on February 4, 2021
- Louisana Fairness in Womens Sports Acts (HB542/SB156) vetoed by Governor The Senate overruled the veto but the House failed to overrule the veto.
- Maine LD926, an act To ban biological males from participating in womens sports, died in the Senate
- New Hampshire HB1251, a bill about transgender women participating in school sports programs failed
- New Mexico Womens Sports Protection Act was introduced on February 18, 2021 then died in committee
- North Dakota HB 1298 was vetoed on April 22 2021 and the veto was sustained. North Dakota 1476 was withdrawn from further consideration.
Bills Aiming to Educate Coaches about LGBTQ+ Students
- New Jersey NJ A1904 directs the Commissioner of Education to develop sensitivity training program for high school athletic directors and coaches
- New York NY S01929 requires school districts to educate students about LGBTQ+ history and contributions to society
Freedom for All Americans, BillTrack50 with credit to Connie Hanzhang Jin