PHOENIX β Arguing that itβs a matter of fairness, a House panel voted Thursday to ban transgender girls and women from participating on intramural or interscholastic teams that do not match their βbiological sex.β
The 5-4 party-line vote in the Republican-dominated Health and Human Services Committee came after several girls complained about having to compete against transgender athletes.
Grace Waggoner told lawmakers of playing on a girls softball team at Scottsdale Christian Academy, finally making it to the state tournament.
βWe stepped onto the field, motivated to go in and play our hardest and determined to display how hard we trained,β she said. βBut that spirit of determination was quickly dampened with one of confusion and doubt when we discovered our opponents were fielding a biological male who identified as a female,β Waggoner said. That was permitted because the person had been cleared to play through rules by the Interscholastic Athletic Association, rules Waggoner called βunfair.β
βSure enough, our opposing team won,β she said. βThe boy gave them an edge, both physically and mentally that we couldnβt match.β
Rep. Nancy Barto, R-Phoenix, said that kind of situation is precisely what her HB 2706 is designed to prevent.
She said itβs about standing up for women and giving them the equal opportunity to participate in sports, something mandated by federal law, without having to compete against men who she said are inherently stronger.
Barto brushed aside the fact that the AIA has procedures to determine whether a student can participate on an athletic team that differs from their sex assigned at birth.
Those protocols include a description of the studentβs βgender story,β including the age when they became aware of βincongruenceβ between the sex assigned at birth and the gender identity. Other factors include whether a student is undergoing gender transition as well as letters of support from a parent, school administrator and a qualified health care provider.
βNot one of the requirements by the AIA addresses physical differences,β Barto said. βThereβs no testing of testosterone level, nothing addressing the physical advantages.β
But parent Amy Czyz told lawmakers itβs not that simple.
βGender is far more complex than our genitals,β she said, telling the story of her youngest daughter who was born biologically male but concluded at a very early age that her sex did not fit who she is.
Czyz said that people who transition before puberty β as was the case with her daughter β do not develop the male hormones that Barto said makes them stronger. For those who transition later, she said, there are hormone-suppressing drugs.
That, she said, makes it fair for those people to participate on a girlβs team.
βWhat would be unfair is to take my child, whoβs not athletic, not skilled, not strong and not a great sportsperson, and put my child who looks, acts and behaves as a girl, as she has since she was 2, (now) at age 9, and throw her on a boys team and out her publicly to everyone on that field,β Czyz said.
Bartoβs measure sets up a three-part test to determine on which team someone could play: the studentβs internal and external reproductive anatomy, the studentβs normal natural produced levels of testosterone, or an analysis of the studentβs genetic makeup. Any of of these could be the determining factor.
Rep. Kelli Butler, D-Paradise Valley, said that opens the door to mischief.
She said it allows any athlete in any high school or college sport to make an accusation against any opponent, and then require that person to undergo some examination, presumably at that personβs expense.
βThis bill will allow basically a free-for-all of ugly accusations at any sporting event,β Butler said.
βAnyone can say, βI lost because of that person on the other team,β she said. βAnd what an ugly door we will be opening.β
Rep. Alma Hernandez, D-Tucson, agreed, telling colleagues how she grew up playing soccer.
βI used to be a tomboy,β she said. βAnd there were many girls on that team who easily, or someone could suspect or say, βThey look this wayβ or βThey donβt look that way.ββ
She said this measure appears to let anyone now raise those questions and force the athlete to undergo some sort of examination to prove she or he was playing on the right team.
Barto said thatβs no different than anyone making allegations that someone is using performance-enhancing drugs.
And she disputed that any amount of hormone treatment can equalize the difference between men and women.
βScience is what it is,β Barto said. βThe difference between males and females is obvious.β
And Cathi Herrod, president of the Center for Arizona Policy, said the fact remains that there are differences. She said thatβs why the net for womenβs volleyball is lower, womenβs golf tees are further forward and the high school shot put is 36% heavier for boys.
But Tory Roberg representing the Secular Coalition for Arizona, said she sees a different motive behind the legislation.
βWe know that this is the latest in a series of Christian nationalist and hate-group-created bills that have been spread throughout the country,β she said. βWe believe this is public policy rooted in religious beliefs.β
Rep. Jay Lawrence, R-Scottsdale, addressing parents of transgender children who testified, said nothing in the legislation precludes their offspring from taking part in sports.
βWhat it says is you participate in the athletic event to which you are genetically resigned,β he said.
Nothing in the legislation affects transgender boys participating in boys sports. Barto said thatβs not a concern for her because she feels transgender boys are less likely to cause injury to other competitors.
The legislation now goes to the Rules Committee for constitutional review and then to the full House.