The Utah State Legislature voted on Friday to override the governor’s veto and enacted a bill that would bar young transgender athletes from participating in girls’ sports, making the state the 12th in the country to enact such legislation.
H.B. 11 is the new law. Legislators said that H.B. 11 will most likely be challenged in courts. If a lawsuit occurs, the measure would trigger a commission of experts who would determine eligibility in individual cases and evaluate students’ physical characteristics such as height, weight and wingspan, the legislation states. The law goes into effect July 1.
Most Republicans in the Legislature who voted for the override said they were concerned about fairness in girls’ sports, while Democrats who voted against it argued that transgender youth would feel unnecessarily targeted and that their mental health would suffer.
Gov. Spencer Cox, a Republican who served his first term and is up for reelection in 2024, was subject to political pressure from his party when he criticized the bill this month, after it was passed by Republican state senators. He stated that he was a letterWednesday’s veto was a sign that he was concerned about an outright ban putting the lives and health of transgender children in danger. He also stated that he believed the bill hadn’t been sufficiently discussed.
“Rarely has so much fear and anger been directed at so few,” he said of the four transgender children playing high school sports in Utah out of about 85,000 student-athletes.
However, the measure’s supporters claim that this number will increase.
State Senator Daniel McCay, who introduced the proposed ban and defended it on the floor of the state senate, said in an interview that it was unfair for transgender girls to play in girls’ sports and that it was “time to move on” from the issue, which had been debated in the State Legislature for more than three years.
Eleven other states have passed similar laws in recent times as transgender sports participation becomes a more divisive topic for political leaders and athletes.
On Monday, Gov. Eric Holcomb, an Indiana Republican, vetoed the bill. He said it would most likely have been challenged in court, and would not have solved any pressing problem. His veto will be overridden by Republican lawmakers, as well.
On Being Transgender in America
The Arizona Legislature passed a bill on Thursday that would prevent transgender students from participating on girls’ sports teams. Gov. Doug Ducey, a Republican has not indicated whether he will sign it. His office also did not immediately respond on Friday to a request for comment.
Mr. Cox appeared to be aware of the political risk he was taking with his veto, writing that while “it would be much easier and better for me to simply sign the bill,” he made his decision because he “tried to do what I feel is the right thing regardless of the consequences.”
“I want them to live,” he said of transgender student-athletes, adding that their mental health could be worsened by the bill and could increase their risk of dying by suicide.
Mr. Cox’s veto reflected varied political and personal equations in a state still receptive to a moderate brand of Republicanism exemplified by Senator Mitt Romney, local political figures and analysts said.
Those factors included a fear that anti-transgender legislation was bad for attracting and retaining businesses, Mr. Cox’s own history of being sensitive to L.G.B.T.Q. Concerns and frustration with lawmakers from his own party that he felt had blindsided he in passing the legislation.
Legislators also approved a bill to indemnify school districts, and to fund the costs for expected lawsuits.
Mr. McCay stated that Republican senators and members of the house, who have a supermajority each chamber, met virtually Monday to determine if they could reach the two-thirds threshold required for an override.
Troy Williams, the executive Director of Equality Utah (an L.G.B.T.Q. rights organization, was involved with the bill’s negotiations and had advocated allowing transgender youth to participate in girls’ sports. He said he had heard from Republican senators that if they did not vote for the ban, “they would lose their race” in upcoming elections.
Mr. Williams described the ban to be cruel, discriminatory, and an attempt by Republican legislators as a way to increase support for a culture war issue while they compete with challengers in their primary elections.
“This was never about protecting women’s sports,” he said. “This is all about protecting their political seats.”
State Senator Daniel W. Thatcher was a Republican who voted in opposition to the bill. He said that he had considered voting for an exemption in order to improve himself at the Republican state convention. On Friday, he voted against the override because he felt the bill was flawed. This would have a negative impact on the transgender community.
“If I lose my race, then I lost my race standing for what I believe in — like I always have,” Mr. Thatcher said.
State Representative Kera Birkeland, a Republican and chief sponsor of the bill who also coaches girls’ basketball, said that she had initially been open to compromises but decided that a ban was the best solution because it would “preserve the integrity of women’s sports.”
Sue Robbins, who serves on Equality Utah’s transgender advisory council, said she was “disappointed” in her legislators.
“They decided to just stop talking and put a ban in place because it was too much work for them,” Ms. Robbins said. “And I just don’t think that’s good governance.”
Source: NY Times
