ALL NEWS

Bill that would bar transgender girls from ‘sports for female students’ advances to House

Feb 11, 2021, 2:43 PM | Updated: 2:52 pm

Transgender sports in Utah considered by legislature...

People attend a hearing in person and virtually for HB302 before the House Education Committee at the state Office Building in Salt Lake City on Feb. 11, 2021. The bill would bar transgender athletes at public schools to participate in girls sports. (Deseret News)

(Deseret News)

SALT LAKE CITY — A bill that would bar transgender girls from competing in female sports is making its way through the state Legislature, passing through the Utah House Education Committee Thursday. 

HB302, advancing with an 8-6 vote, would require schools to label athletic activities in one of three ways: “male” or “boys”; “female” or “girls”; or as “coed” or “mixed.” Participation would be based on “the biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.” 

The bill explicitly prohibits transgender girls from participating in female sports, but does not address transgender men in male sports. It’s unclear whether the bill would bar both activities. 

Athletes testify in favor of bill barring transgender girls from female sports

Rep. Kera Birkeland, R-Morgan and the sponsor of the bill, said the legislation would promote fairness and equality in school sports. She argued it’s unfair for females because of certain physical and biological differences, therefore it would give transgender women an advantage. 

“The first time I was forced to go up against a transgender athlete, I remember standing on the starting line, right next to the largest stature person,” said Alison Pray, who runs cross county and track at Southern Utah University, during the committee hearing Thursday. “I instantly felt completely defeated. I thought, the only chance I have to beat this individual, is if they decide to let me. Otherwise I don’t have a chance.”

“The first time I raced with a biological man, it felt bizarre,” added Haley Tanne, another track athlete at SUU. In fact, she said it felt like she was running against “a giant.”

Opponents of the bill said it’s unfair to ban someone who identifies as female from participating in women’s sports. Others said it’s harmful to transgender students who may already feel out of place in a more conservative state. 

Drafting attorney question constitutionality 

Beyond moral questions, some drafting attorneys expressed concerns the legislation, if passed, would be deemed unconstitutional. They pointed to a similar case in Idaho — in which the state Legislature passed a bill barring transgender women from participating in sports in August 2020 — that was temporarily blocked by federal courts. 

That bill is currently on appeal to the 9th Circuit Court of Appeals. Some legal experts maintain that even if HB302 passed, it wouldn’t be upheld in the Supreme Court. 

“Based on the Idaho law, and based on the litigation in Idaho, [it] has not yet got to fruition,” said David Spatafore, a political consultant for the Utah High School Activities Association. “We know there will be litigation if this bill passes. We’ll enforce it, but we know there will be litigations.”

The ACLU of Utah also expressed concerns about lawsuits against the state. 

If passed, the bill would provide for legal actions against schools that don’t comply. For example, if a student feels they’ve been deprived of an athletic opportunity or “suffers any direct or indirect harm as a result of a violation,” they can sue for damages. 

It would also prohibit certain investigations or complaints against schools that enforce the legislation. 

Related: Lawmakers promote bill prohibiting online impersonation

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

All News

The OLRGC released an analysis of the expected topics to be discussed during a special session of t...

Simone Seikaly

Extending state flooding emergency, firearm restrictions, among topics for Utah special session

The OLRGC released an analysis of the expected topics to be discussed during a special session of the legislature.

11 months ago

A video recorded by Facebook user Larry Jacquez shows the police response following the shooting in...

Jamiel Lynch, CNN     

At least 3 people killed and 2 officers wounded in a shooting in Farmington, New Mexico, police say

Multiple people were shot and at least three killed in a shooting in Farmington, New Mexico, police said in a Facebook post.

11 months ago

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible...

Waverly Golden

Younger adults are becoming more susceptible to strokes

A new release from Intermountain Healthcare shows that younger adults are becoming more susceptible to stroke.

11 months ago

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now....

Allessandra Harris

Camping over Memorial Day Weekend? Plan ahead

If you plan to camp over Memorial Day Weekend, you may want to begin the planning process now.

11 months ago

slcpd on the scene of the deaths...

Josh Ellis

Police: Teen killed by father in murder-suicide in SLC office building

Police responded to the office complex near 3000 S. Highland Drive on Saturday after emergency responders received a call from a community member who reported finding a body.

11 months ago

Melissa Coleman crouches next to her husband, , Brad Coleman, of North Ogden, who sits in a wheelch...

Jenny Carpenter, KSL.com

Young stroke victim survives with quick, lifesaving treatment in northern Utah

After a 36-year-old man had a stroke, he and his wife say to be aware of the signs of stroke and that young people are also at risk.

11 months ago

Sponsored Articles

close up of rose marvel saliva blooms in purple...

Shannon Cavalero

Drought Tolerant Perennials for Utah

The best drought tolerant plants for Utah can handle high elevations, alkaline soils, excessive exposure to wind, and use of secondary water.

Group of cheerful team members high fiving each other...

Visit Bear Lake

How To Plan a Business Retreat in Bear Lake This Spring

Are you wondering how to plan a business retreat this spring? Read our sample itinerary to plan a team getaway to Bear Lake.

Cheerful young woman writing an assignment while sitting at desk between two classmates during clas...

BYU EMBA at the Marriott School of Business

Hear it Firsthand: 6 Students Share Their Executive MBA Experience at BYU’s Marriott School of Business

The Executive MBA program at BYU offers great opportunities. Hear experiences straight from students enrolled in the program.

Skier being towed by a rider on a horse. Skijoring....

Bear Lake Convention and Visitors Bureau

Looking for a New Winter Activity? Try Skijoring in Bear Lake

Skijoring is when someone on skis is pulled by a horse, dog, animal, or motor vehicle. The driver leads the skiers through an obstacle course over jumps, hoops, and gates.

Banner with Cervical Cancer Awareness Realistic Ribbon...

Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer.

Kid holding a cisco fish at winterfest...

Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy.

Bill that would bar transgender girls from ‘sports for female students’ advances to House