When it comes to keeping their voter base angry and distracted, Republicans have really narrowed in on demonizing and villainizing trans youth, especially those who dare to want to participate in sports teams that actually align with their gender identity. Keeping anyone on the sidelines because of their identity is unfair, and it’s especially cruel to do so when the people in question already report higher rates of depression, anxiety, and suicidal ideation. Trans youth are much more likely than their cisgender peers to leave high school without a diploma, become homeless, and face bullying and harassment. Telling kids and teens they can’t play sports with their friends is simply evil.
So, of course, Republicans are all about it. On Tuesday, Republican lawmakers in Indiana voted to override a veto from Republican Gov. Eric Holcomb on HEA 1041 in order to ban trans girls and women from competing in girls’ sports from K-12. Many conservatives were surprised that Holcomb vetoed the discriminatory legislation back in March, and sadly, state legislators overwhelmingly voted to override the veto. In the state House, it passed with a 67-28 vote and state senators voted 32-15, as reported by the Associated Press.
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The law is set to go into effect on July 1, 2022, though the American Civil Liberties Union (ACLU) of Indiana has already filed a lawsuit on behalf of a young trans softball player in Indianapolis. The 10-year-old participates in an all-girls softball league and if the law goes into effect, she would not be able to participate in the league next year.
Obviously, this is discriminatory, unfair, and pointless. The suit argues it’s a violation of Title IX as well as the Constitution. And as Daily Kos covers to point out, there is nothing gained here. There is no documented proof of trans girls, for example, “stealing” or “taking” scholarships from cisgender girls. There is no evidence of trans girls “sneaking” into girls' teams in order to win awards or titles. There is nothing to prove that trans girls participating with cis girls harms anyone, period.
For allies and advocates, those points are obvious, but Republicans who support this measure (and ones like it) continue to brand it to voters as an issue of “fairness” in sports and women’s equality. Really, conservatives are hoping to legislate on fake issues like this one so it seems like they’re doing work and listening to constituents, but really they’re just acting out on the hate and distrust they themselves are sowing in communities. It's a nasty, hideous cycle.
“My daughter dreams of playing basketball in high school,” Cara Nimskey, the mother of an openly trans student in Bloomington, said to the Associated Press. “It’s unfair exclusion—she’ll be crushed if this goes through.”
The legislation is similar to other hateful anti-trans bans in that it defines “male” and “female” on the basis of a student’s “biological sex at birth” in accordance with “genetics and reproductive biology.” The bill applies to not only public schools but also private schools that compete against public teams. It also serves to protect schools from any liability in enforcing the legislation. It permits students who allege they’ve been harmed by a violation of the law to sue the school.
What does this mean in practice? Let’s say a coach or school wants to be inclusive and supportive and lets a trans girl play with fellow girls. If a cisgender girl didn’t make the team or lost “because” of that other student, they could move forward and take civil action against the school.
The end result? Trans youth will be even more isolated than they already are, and will have even fewer resources for support. Again: It’s sick, it’s evil, and there is absolutely no ethical defense of it.