Bill blocking transgender students from certain sports passes West Virginia House
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CHARLESTON -- A bill meant to prevent public school student-athletes who change genders from participating in their new gender's sports brought out much debate Thursday in the House of Delegates.
House Bill 3293, relating to single-sex participation in interscholastic athletic events, passed the House in a 78-20 with two absents. The bill heads to the state Senate.
HB 3293 requires that the sex of a middle and high school student on their birth certificate at the time of enrollment determines what single-sex sports the student can play. For example, if a student is listed as male on their birth certificate, they can play boys' basketball but not play girls' basketball. HB 3293 doesn't apply to coed sports.
"Prior to a student's participation in single-sex secondary school interscholastic athletic events, the (West Virginia Secondary School Activities Commission) must verify with each county board that each student participating in the single-sex interscholastic events is participating according to the student's sex at the time of birth," House Education Committee Chairman Joe Ellington, R-Mercer, said.
When a birth certificate is unavailable or doesn't contain the student's sex, the student must have a signed statement from a doctor indicating the student's unaltered internal and external reproductive anatomy before they would be allowed to play sports regulated by the WVSSAC
The bill is meant to block students who identify as transgender, people who identify as the opposite sex from the one they are born with, from playing sports on single-sex teams. Some people who identify as transgender choose to transition to the sex they identify as through name-changes, use of hormones, and sometimes surgery.
Debate on the bill turned contentious Thursday, as Democratic and Republican lawmakers discussed the bill for nearly 120 minutes. Opponents of the bill accused Republicans of harassing children.
"You could take up for the person being bullied, or you can remain silent and let it go. I'm not going to do that today," said House Minority Whip Shawn Fluharty, D-Ohio. "I would urge you not to do that today. Because as of right now, this legislation, we are the bully. We are the bully against kids."
"I'm personally appalled and disgusted that a little girl could potentially have to show a stranger her genitalia to prove what sex organs she has," said Del. Cody Thompson, D-Randolph. "Would you feel comfortable with your daughter, whether they are transgender or not, be subjected to that? Because I wouldn't. It's disgusting."
Supporters of the bill claimed that there are differences between men and women when it comes to athletic competition. Others tried to cite the Bible to back up their support for the bill.
"We are seeing cases around the country of girls' records being decimated by biological males who come in and wipe the record books clean and totally dominate competition," said Del. Chris Phillips, R-Barbour. "If you think it's fair competition, you need to go back and tell that little girl that I love why she's got to compete against a biological male."
"That there is a man that thinks they should be a woman or a woman that thinks they should be a man is saying that my God made a mistake and I've got news for all of you: my God does not make a mistake," said Del. Roger Conley, R-Wood. "The bottom line is, if you're born a boy, a male, you're a male until you die. If you're born a female, you're a female until you die."
According to LGBTQ advocacy organization Fairness West Virginia, more than 12 states allow transgender student-athletes to participate in school sports without any prohibitions. The NCAA and the International Olympic Committee also allow transgender athletes to participate.
Fairness West Virginia cites a survey by GLSEN, a group founded by educators to support LGBTQ students. According to the survey, 75 percent of transgender students feel unsafe in schools, with nearly half of transgender students attempting suicide at some point.
"This is a cruel bill that offers a solution in search of a problem," said Andrew Schneider, executive director of Fairness West Virginia, in a statement Thursday. "School sports are important. They teach our kids the value of discipline, teamwork, self-confidence and other essential life skills. No child should be denied that opportunity."
According to the American Civil Liberties Union, 18 states introduced similar bills to HB 3293 IN 2020. That has increased to 24 states so far in 2021. Only Idaho successfully passed a similar ban in 2020, but a federal judge blocked implementation of the law.
In a final, impassioned plea against the bill, Del. Barbara Fleischauer, D-Monongalia, urged members to think of the young people, such as her daughter, who leave the state because of bills such as HB 3293.
"My daughter is different. My daughter played sports. My daughter is beautiful. My daughter is intelligent, and she has left this state," Fleischauer said. "It's this kind of bill that will ensure that she will never come back. Please don't pass this bill. You are demonizing little children and you're demonizing my baby. Don't do this."
Steven Allen Adams can be reached at sadams@newsandsentinel.com.