There was an impassioned debate in the South Dakota State Senate this week over a proposed bill that would restrict transgender female students from participating in female sports.
Legislators supporting the bill framed their arguments around fairness.
“HB 1217 makes sure women’s sports in South Dakota stays fair by prohibiting biological males, no matter how they identify, from competing in female sports,” said Republican state Sen. Maggie Sutton.
A Democratic opponent of the bill responded by talking about Christian values of love and inclusion.
“Jesus says, ‘Rejoice with me, for I have found my sheep that was lost,’ so meaning that there is no rejoicing until all have found a place in the flock, including our trans siblings of faith,” said Democratic state Sen. Reynold Nesiba, reading from a letter from a Lutheran bishop.
The bill’s proponents were ultimately successful; South Dakota has passed its bill, and Republican Gov. Kristi Noem has tweeted that she is “excited” to sign it.
This bill is just one small part of a bigger national dispute over transgender rights. This year, state legislators have introduced 35 bills restricting transgender girls and women — that is, girls and women who were not assigned as female at birth — from playing on girls’ and women’s sports teams, according to LGBTQ advocacy group Freedom for All Americans. That’s up from 29 bills last year and only 2 in 2019.
Mississippi has also passed a bill restricting transgender girls’ sports participation, and that state’s governor has indicated he would sign it.
Evolving fronts over LGBTQ rights
It’s a fight that’s much bigger than state-level legislation. President Biden in January signed an executive order aimed at protecting LGBTQ rights. That order stated, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.” Democrats have also reintroduced the Equality Act, which would enshrine LGBTQ rights into law.
The topic has taken on far greater importance in Republican rhetoric, as well. Former President Donald Trump brought up the topic at CPAC last month.
“Young girls and women are incensed that they are now being forced to compete with biological males,” he said. “It’s not good for women’s sports, which worked so long and so hard to get to where they are.”
The bills are a newer front in a fight over LGBTQ rights, where the focus has shifted over time. For example, in 2016 and 2017, there was an uptick in bills that aimed to dictate which bathrooms transgender people could use. Now the focus is on sports, as well as medical treatment for transgender youth, while the number of so-called “bathroom bills” has fallen off.
Jason Pierceson, political science professor at the University of Illinois Springfield and expert on gender and sexuality in politics, sees these bills as just the latest battle in a political culture war waged by the right.
“What they do is typically say, with the bathroom issue five or six years ago or with the transgender youth issue these days, they try to find something that doesn’t seem to poll as well as general anti-discrimination protections,” he said. “And they use a lot of scare tactics around that issue to distort the issue perhaps, to try to create a lot of anxiety among religious conservatives.
What happens when the bills go into effect?
The question remains what practical impact transgender sports bills would have.
“They are suggesting a solution for a problem that simply does not exist in terms of the numbers of transgender youth who are participating in sports,” said Kyle Velte, a professor of law at the University of Kansas. She testified against that state’s bill.
A recent AP report found that overwhelmingly, sponsors of these bills couldn’t cite examples in their own states where this became a fairness issue. Some pointed to a lawsuit filed in Connecticut aimed to limit transgender participation in that state.
Proponents maintain that the bills will prove to be useful.
“I think the ultimate outcome will be to protect women and girls’ equal opportunities,” said Emilie Kao, an attorney at the conservative Heritage Foundation.. “I think eventually these cases, the examples will proliferate.”
There are also questions about the legal future of these bills. The first state transgender sports law, passed in Idaho last year, was later blocked by a federal…