Education

House Republicans pass bill restricting transgender athletes from women’s sports

The legislation is a key part of the GOP’s education agenda.

House Republicans approved their measure to restrict transgender students from playing on women’s sports teams on a 219-203 vote Thursday morning.

The legislation — H.R. 734 (118) — is a key part of the GOP’s education agenda and mirrors more than 20 laws that have been adopted in states across the country. It bars transgender women from playing on teams consistent with their gender identity and amends Title IX, the federal education law that bars sex-based discrimination, to define sex as based solely on a person’s reproductive biology and genetics at birth.

Transgender students, however, would be able to practice or train with a program designated for women or girls.

During debate over the bill on Wednesday, several GOP lawmakers argued the bill was necessary because of the Biden administration’s new proposed Title IX rule on athletics eligibility that would allow transgender girls to play sports with some limitations. Democrats pushed back by invoking Utah Gov. Spencer Cox in their defense of transgender women and girls. Cox, a Republican, vetoed a similar sports ban in the state and acknowledged several challenges transgender students face.

The bill has no chance of becoming law as it is likely to stall in the Democrat-controlled Senate, and President Joe Biden has already announced that he would veto the bill if it were to reach his desk.

Several lawmakers did not vote on the bill, including 10 Democrats and 3 Republicans.

Amendments: Lawmakers passed by voice vote an amendment from Rep. Andy Ogles (R-Tenn.) that would clarify that the term “athletic programs and activities” in the bill includes any activities where you have to participate on a team.

Additionally, Republicans shored up enough votes to add an amendment from Rep. Nancy Mace (R-S.C.) that would direct the Government Accountability Office to lead a study on “the adverse psychological, developmental, participatory and sociological results to girls” from allowing transgender girls to play sports. GAO would also investigate “hostile environment creation, sexual assault and sexual harassment” from a decision to allow transgender students to play on girls sports teams.

“Republicans are following the science,” Mace said on the floor. “We are not confused about the differences between biological men and biological women. And as a woman who is pro LGBTQ, I don’t care how you dress, I don’t care what pronoun you take, I don’t care if you change your gender, but we ought to protect biological women and girls and their athletics and their achievements.”

Reaction: Several Democratic and civil rights groups supporting transgender students slammed the bill’s passage as a political attack under the guise of protecting women’s sports.

“We will not let anti-LGBTQI+ Republicans — who have refused to work with us on addressing real gender equity issues— use ‘protecting women’ as an excuse to attack trans youth,” said Democratic Women’s Caucus Chair Lois Frankel in a statement. “When my Republican colleagues want to join with us to address the actual pressing issues impacting girls’ and women’s sports, I stand ready to work with them.”

The Human Rights Campaign said 40 athletes, including Megan Rapinoe, CeCe Telfer and Chris Mosier, signed a letter this month that rebuked a federal anti-transgender sports ban. HRC President Kelley Robinson in a statement said because the bill has no chance of becoming law, “this is purely a waste of time at the expense of an already marginalized population.”

“Rather than focus their energy on doing literally anything to improve the lives of children, House Republicans have prioritized attacking transgender youth purely as a political ploy,” Robinson said.

Some Democrats, ahead of the vote, shrugged off the legislation and criticized Republicans’ priorities.

“These issues always wind up backfiring eventually. This is them trying to keep a certain segment of that extreme MAGA base happy,” said Rep. Mark Pocan (D-Wis.), the chair of the Equality Caucus.

Conservative groups and cisgender women athletes they represent lauded the bill’s passage saying it reaffirms the promise of equal opportunity for women in Title IX.

“I want to ensure no other girl experiences the emotional pain and lost opportunities I experienced in high school,” said Selina Soule, a former high school track and field athlete whose challenge against a Connecticut policy on transgender athletes will be heard by the full 2nd Circuit, in a statement. “There are clear biological differences between men and women and I experienced that firsthand, which is why I’m very grateful for the U.S. House passing this bill.”

Nicholas Wu contributed to this report.