Alabama Gov. Kay Ivey has signed a bill banning transgender student-athletes from competing in K-12 public schools on single-sex teams that conform to their gender identity, making Alabama the second state in the nation to enact such a ban.
Last week, the state’s Republican-controlled legislature overwhelmingly approved House Bill 391 (House Bill 391). The bill states that transgender people will not be able to participate in school-sponsored athletic competitions that do not correspond to their natural gender.
“A public K-12 school may not allow a biological female to compete in a male division if a sport has a female division,” the bill reads, “and a public K-12 school may never allow a biological male to compete in a female division.”
According to the bill, given the innate athletic advantages of biological males, including: larger body size on average, a higher percentage of skeletal muscle, a lower percentage of body fat, and greater anaerobic and aerobic energy output, it is important to ensure that athletic divisions remain separate and gender-specific based on gender so that female athletes can have an equal opportunity to compete.
The bill does not specify how student-athletes can prove their biological sex, although an earlier version of it said that would be determined by their birth certificates.
Idaho unveiled a ban on transgender athletes participating in school sports in 2020, which was later blocked by a federal judge and is awaiting further legal review.
This year, Arkansas, South Dakota, Mississippi and Tennessee have joined Idaho in enacting similar bans.
Tennessee is the first state in the U.S. to ban both transgender girls and boys from competing in school sports that do not match their birth physiology; all other states ban only transgender female competitors. South Dakota’s ban was enacted by executive order, not by legislation.
The Biden administration took office with the intention of promoting single-sex spaces and athletic competitions for members of the opposite sex based on individual statements of gender identity, so states initiated legislative efforts in response.
An executive order signed by President Biden on his first day in the White House states that the new administration’s policy is to ensure that children can “learn without worrying about whether they will be denied access to restrooms, locker rooms or school sports.
Miguel Cardona was confirmed as the new U.S. education secretary in March. During his Senate confirmation hearing, he said he believes transgender students who were born male have the right to play girls’ sports.
Cardona said at the time, “I believe it is critical to respect the rights of all students, including transgender students, including giving them access to the opportunities that every other student has and to participate in extracurricular activities.”
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