Jan 14, 2025
House Republicans passed a bill Tuesday to bar transgender student-athletes from competing in girls’ sports, putting the contentious issue front and center following an election cycle that saw it become a frequent target of Republicans.  The Protection of Women and Girls in Sports Act would amend Title IX — the federal civil rights law prohibiting sex discrimination in schools and education programs that receive government funding — to prohibit schools from allowing transgender girls or women to participate in athletic programs or activities “designated for women or girls.”  It defines sex as “based solely on a person’s reproductive biology and genetics at birth.”  The bill, which, if signed into law, would be the first stand-alone bill to restrict the rights of transgender Americans, passed in a 218-206 vote, with two Democrats joining all Republicans in support. Three Republicans and six Democrats did not vote, and one Democrat voted "present." Texas Reps. Vicente Gonzalez and Henry Cuellar were the two lone Democratic "yes" votes. House Republicans brought the measure to the floor in the second full week of the 119th Congress, a sign that the conference sees the issue as a top priority over the next two years. Last week, GOP lawmakers cleared legislation addressing the border.  Rep. Greg Steube (R-Fla.), the bill’s sponsor, said the legislation is meant to preserve Title IX’s original intent of guaranteeing equal opportunities for men and women. “All throughout humanity, we have recognized as a species that there are women and there are men, as God created, who are obviously biologically different and, dare I say, scientifically different,” he said.  The bill’s immediate future in the Senate is unclear. Sen. Tommy Tuberville (R-Ala.) is leading the measure in the upper chamber, which is considering the Laken Riley Act this week and will be focused on President-elect Trump’s Cabinet nominations next week. Senate Majority Leader John Thune (R-S.D.) took the necessary procedural steps last week to tee up a vote on the measure down the road.  Democrats warned Tuesday that the bill could open the door to sexual abuse and invasive scrutiny of girls’ bodies. The Congressional Equality Caucus, a coalition of pro-LGBTQ House Democrats, dubbed it the “Child Predator Empowerment Act.”  “This bill isn't about protecting women. In fact, it could force any student to answer invasive personal questions about their bodies & face humiliating physical inspections to ‘prove’ that they're a girl,” the group wrote in a post on the social platform X.  The bill's supporters said Tuesday that the measure would not permit genital or physical examinations, and a student's birth certificate will decide whether they can participate in sports. Asked to clarify what enforcement of the bill will look like, Rep. Tim Walberg (R-Mich.) said the legislation "doesn’t deal with that.”  Officials in at least two dozen states with similar restrictions on transgender athletes have grappled with how to enforce them. Florida school officials in 2023 weighed tracking students' menstrual cycles, a proposal that was ultimately scrapped following widespread opposition.  In 2022, the Utah High School Activities Association said it had investigated a high school athlete over her gender after a group of parents complained that the student, who is not transgender, might have violated a state law banning transgender athletes from women’s sports.  “There is no enforcement mechanism in this bill,” Rep. Alexandria Ocasio-Cortez (D-N.Y.) said. “And when there is no enforcement mechanism, you open the door for every enforcement mechanism.”  “We know there is only one logical conclusion to this,” said Rep. Becca Balint (D-Vt.), one of 13 openly LGBTQ lawmakers. “This is interrogation of young girls about their bodies; this asking people to show them what’s underneath their underwear. That is what we’re talking about.”  More than 400 LGBTQ and civil rights groups on Monday called on Congress to reject the bill, which they said would further isolate and discriminate against transgender youth. “If schools mark some students effectively as outcasts, they foster an environment where no student is included and safe,” the groups wrote.  Transgender rights emerged as a key issue on the campaign trail and in the Capitol in recent weeks,. In November, Rep. Sarah McBride (D-Del.) became the first openly transgender person elected to Congress.  Shortly after her victory, Speaker Mike Johnson (R-La.) announced a new policy barring trans women from using Capitol bathrooms that aligned with their gender identity, a move seen by many as a response to McBride’s election. Rep. Nancy Mace (R-S.C.) said an earlier resolution to bar transgender members and staff from women’s restrooms was “absolutely” motivated by McBride.  McBride has said she will follow Johnson’s policy, even though she disagrees with it. “I’m not here to fight about bathrooms,” she said in a November statement that characterized the policy as an “effort to distract” her from addressing issues such as lowering costs for Americans. McBride did not participate in Tuesday’s debate over the transgender athlete bill.
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