House Advances Ban on Trans Women in Women’s Sports

The House of Representatives voted 218 to 206 to pass a bill that would unilaterally ban trans women from competing in women’s sports Tuesday. The votes were nearly split along party lines, but two Democrats, Henry Cuellar and Vicente Gonzalez, both from Texas, voted for the bill.

Sponsored by Representative Greg Steube, a Florida Republican, the legislation dubbed the Protection of Women and Girls in Sports Act, is the latest attempt in Congress to keep trans women off women’s sports teams and builds on efforts in the states to restrict the participation of transgender students in sports that align with their gender identity. Last Congress, identical legislation from Steube passed the House but didn’t move forward in the Democratic-controlled Senate.

Now, Republicans hold the majority in both the House and the Senate, making it far more likely that this iteration will be more successful. In nearly half of the country, trans women are banned from playing women’s sports at the K-12 or higher education level, but the legislation would take those bans nationwide.

Passing the bill was a top priority for House Republican leadership, who included it on a list of 12 pieces of legislation to be considered first when the new session of Congress kicked off earlier this month. Its place of prominence seems to indicate that Republican leadership will be prioritize rolling back or restricting the rights of transgender people, whom Republicans have often put at the center of a culture war.

Republicans and President-elect Donald Trump have criticized the Biden administration’s effort to amend Title IX of the Education Amendments of 1972 to prevent blanket bans that prohibit transgender students from participating in sports consistent with their gender identity. Last month, the Biden administration scrapped that proposal.

Under the bill, institutions that receive federal funding would be prohibited from allowing “a person whose sex is male to participate in an athletic program or activity that is designated for women or girls.” It defines sex as being based on “a person’s reproductive biology and genetics at birth,” though it doesn’t expound upon how an institution would tell. The bill does not prevent trans men from playing on men’s teams.

Anti-trans activists argue that allowing individuals assigned male at birth to play on women’s sports teams opens cis women athletes up to being injured by athletes who are more naturally powerful due to their physiques. There is sparse research on if this is true; however, the few studies that do exist haven’t backed up the idea that trans women who have retain significant advantage over athletes assigned female at birth.

Supporters of the legislation—including some cis female athletes, like Riley Gaines, who have competed alongside and against trans athletes at the collegiate level—also argue that trans women take spots on women’s teams, going against Title IX’s promise of equal opportunity, and that it is uncomfortable for cisgender female athletes to share close quarters, like locker rooms, with individuals assigned male at birth.

Representative Tim Wahlberg, the Michigan Republican who chairs the House Education and the Workforce Committee, echoed these sentiments in his argument on the House floor Tuesday.

“Mr. Speaker, kicking girls off sports teams to make way for a biological male takes opportunities away from these girls,” he said. “This means fewer college scholarships and fewer opportunities for girls. It also makes them second-class citizens in their own sports and puts their safety at risk.”

Some people who agree that trans women should not play on women’s teams say they broadly support transgender individuals but see it as unfair for them to take spots on women’s teams. But Steube took a different approach. When he announced the bill earlier this month, he quoted President-elect Donald Trump’s promise that “under the Trump administration, it will be the official policy of the United States government that there are only two genders—male and female.”

Meanwhile, Democrats and LGBTQ+ advocates argue that trans women should have the opportunity to play sports—which have been shown to improve outcomes and mental for youths across the board—on the team that matches their gender.

“Transgender students—like all students—they deserve the same opportunity as their peers to learn teamwork, to find belonging and to grow into well-rounded adults through sports,” said Representative Suzanne Bonamici, an Oregon Democrat, on the House floor. “Childhood and adolescence are important times for growth and development, and sports help students form healthy habits and develop strong social and emotional skills. Sports provide meaningful opportunities for kids to feel confident in themselves and learn valuable life lessons about teamwork, leadership and communication. Teams provide a place for kids to make friends and build relationships.”

Bonamici and other democrats dubbed the bill the “Child Predator Empowerment Act” and argued it wouldn’t make schools safer for students. In fact, she said that the vague language in the bill about what defines the male sex could lead to invasive examinations.

“There is no way this so-called protection bill could be enforced without opening the door to harassment and privacy violations. It opens the door to inspection, not protection, of women and girls in sports,” she said. “Will students have to undergo exams to prove they’re a girl? We are already seeing examples of harassment and questioning of girls who may not conform to stereotypical feminine roles; will they be subject to demands for medical tests and private information? That’s intrusive, offensive and unacceptable, especially from a party of limited government.”