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"I guess whether in the school cafeteria or on the House floor, bullies will always be bullies," said Democratic Rep. Mark Pocan.
LGBTQI+ rights advocates and congressional Democrats sharply condemned U.S. House Republicans on Thursday for approving a "cruel" and "heartbreaking" ban on trans and intersex women and girls playing school sports that align with their gender identity.
The so-called Protection of Women and Girls in Sports Act (H.R. 734), sponsored by Rep. Greg Steube (R-Fla.), passed in a 219-203 vote along party lines and would apply to any educational institution, preschool and beyond, that receives federal funding.
Dubbed the "Politics Over Participation Act" by critics, the bill isn't going anywhere with a Democrat-controlled Senate and White House, but its passage—on the 24th anniversary of the Columbine massacre—sends a clear signal to the nation about priorities amid calls for stricter gun laws in response to school shootings.
"Trans kids on our soccer teams are not a threat. But assault weapons in our community certainly are. The Republican Party needs to get their priorities in check," declared Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.), whose daughter is trans, ahead of the vote.
\u201cEvery child deserves the freedom to be themselves, to go to school and play sports free from harassment and discrimination.\n\nThat includes trans and intersex kids \u2014 and it always will.\n\nProgressives voted NO on Republicans' use of the House of Representatives to bully trans kids.\u201d— Progressive Caucus (@Progressive Caucus) 1682005048
Rep. Mark Pocan (D-Wis.) similarly said that "as gun violence plagues our schools, anti-equality politicians decided the most pressing priority for the House was to ban trans girls of all ages from playing on school sports teams with their friends. These extreme politicians are trying to distract from the fact that they have no solutions for the problems facing everyday Americans, and trans kids are paying the price."
"Trans girls deserve the same opportunity as all other girls—to be part of a team, learn sportsmanship, and challenge themselves," he continued. "I condemn today's vote to rob trans girls of these opportunities. Anti-equality politicians need to stop punching down and bullying trans kids. My colleagues who voted for this bill should be ashamed."
Pocan chairs the Congressional Equality Caucus, which is led by the 10 openly LGBTQI+ members of the House. Caucus co-chairs also spoke out against the chamber's Republicans, with Rep. Mark Takano (D-Calif.) denouncing the bill as "vile and cowardly."
\u201cMAGA House Republicans just passed a bill banning trans & intersex kids from playing school sports.\n\nRather than vote to keep guns out of school, they chose to strip KIDS of RIGHTS.\n\nI guess whether in the school cafeteria or on the House floor, bullies will always be bullies.\u201d— Rep. Mark Pocan (@Rep. Mark Pocan) 1682002507
Congresswoman Angie Craig (D-Minn.) said it was "heartbreaking" to watch Republicans pass "cruel" legislation that would harm and endanger children while a fellow co-chair, Rep. Ritchie Torres (D-N.Y.), tied the effort to bills from GOP state legislators.
"It's become painfully obvious that extreme MAGA Republicans have absolutely no interest in addressing the very real problems facing everyday Americans, like fighting inflation, protecting communities from gun violence, and making healthcare more affordable and accessible," Torres said. "'Instead, they're singularly obsessed with continuing this hateful and coordinated assault on LGBTQI+ kids that we've seen playing out across the country through countless pieces of anti-trans legislation."
Other members of Congress also blasted the bill. Rep. Rashida Tlaib (D-Mich.) noted that "the MAGA Republicans banning trans kids from playing sports are the same ones who want to erase the existence of trans students in the classroom, and ban trans people from receiving healthcare. This is part of a coordinated effort across the country to systematically eradicate trans people."
"The relentless fearmongering, bullying, rejection, and hateful policies being pushed by far-right Republicans across the country have dangerous and very real consequences," the congresswoman added. "In the past year, more than half of trans and nonbinary young people seriously considered suicide, and one LGBTQ+ young person attempts suicide every 45 seconds."
\u201cI called out MAGA Republicans when they brought their Bullying Kids Act to @EdWorkforceDems.\n\nThis week their hateful bill comes to the House floor and we must be loud as we vote NO.\n\nOur kids and the trans community deserve better than to be bullied by "adult" Republicans.\u201d— Congressman Jamaal Bowman (@Congressman Jamaal Bowman) 1682001581
Advocacy groups also took aim at House Republicans for the vote—the first time ever that a chamber of Congress has approved legislation that expressly discriminates against intersex people, according to interACT, which advocates for the human rights of children born with intersex traits.
"H.R. 734 nefariously twists the protective civil rights purpose of Title IX to punish inclusive educational athletics programs that choose not to discriminate," said interACT executive director Erika Lorshbough, referencing a federal anti-discrimination law. "The choice to push intersex and transgender girls out of school athletics protects no one, and harms many."
Dr. Bhavik Kumar, a board member of Physicians for Reproductive Health, said that "discrimination based on gender is damaging to the developmental well-being of children. No one should fear ostracization, shame, punishment, or isolation for being who they are."
"As a physician who regularly provides affirming healthcare for trans and nonbinary communities," Kumar added, "it is highly concerning that our politicians are hellbent on making the lives of trans youth so controlled by the gender binaries so deeply rooted in white supremacist control."
Jennifer Levi, GLBTQ Legal Advocates & Defenders (GLAD) senior director of transgender and queer rights, said the vote "is a malicious attack on transgender student athletes and sends a harmful message of exclusion and intolerance to all students."
"Transgender students want to play sports for the same reasons all kids do—to compete, have fun, be part of a team and build confidence, leadership, and healthy self-esteem," Levi stressed. "We urge the Senate to stop this unnecessary and unprincipled measure in its tracks."
\u201cThis unfair and unnecessary legislation offers a distorted interpretation of Title IX and a false choice. We can protect the progress women have made in sports while also fostering the inclusion of #transgender athletes. #LetKidsPlay #HR734 @TrevorProject https://t.co/5K6azm5DCR\u201d— CaseyPick (she/her) (@CaseyPick (she/her)) 1682003535
ACLU national policy director Deirdre Schifeling accused the House GOP of failing the American people, saying: "Why are Republicans in Congress spending their time bullying children? This is not what voters elected them to do."
"Instead of governing responsibly, solving the debt limit, and passing legislation that the American people actually want and need, this House majority is legislating discrimination and hate towards school children," she added. "We expect and deserve better from our elected leadership. The ACLU will fight for the rights of all people to be included in our society."
While many Democratic lawmakers, rights advocates, and atheletes have denounced H.R. 734—alongside state-level bills about school sports and lifesaving healthcare—some trans and nonbinary state legislators have also sounded the alarm about the Biden administration's pending Title IX update, warning that though well-intended, it could effectively "provide those who seek to deny us our rights a roadmap for how to do so."
This post has been updated with comment from Physicians for Reproductive Health.
The 988 Suicide & Crisis Lifeline can be reached by calling or texting 988, or through chat at 988lifeline.org.The Trevor Project, which serves LGBTQ+ youth, can be reached at 1-866-488-7386, by texting "START" to 678-678, or through chat at TheTrevorProject.org. Both offer 24/7, free, and confidential support.
"I think there is intent from the Biden administration to protect trans athletes," said a Montana lawmaker, "but you can't reconcile that intent with the fact that this policy opens the potential pathway for discrimination."
Both the Biden administration and Republicans in the U.S. House of Representatives are facing criticism this week for proposals related to restricting transgender athletes from participating in sports teams and events that align with their gender identity.
While the House GOP's bill is explicitly designed to exclude trans women and girls, the Biden administration's pending rule aims to "provide needed clarity, in response to questions from stakeholders, on how recipients can ensure that students have equal opportunity to participate on male and female athletic teams as required by Title IX."
Title IX is a 1972 federal law prohibiting sex-based discrimination in education programs and activities that receive federal funding.
As a U.S. Department of Education fact sheet on the administration's proposal details:
Under the proposed regulation, schools would not be permitted to adopt or apply a one-size-fits-all policy that categorically bans transgender students from participating on teams consistent with their gender identity.
Instead, the department's approach would allow schools flexibility to develop team eligibility criteria that serve important educational objectives, such as ensuring fairness in competition or preventing sports-related injury. These criteria would have to account for the sport, level of competition, and grade or education level to which they apply. These criteria could not be premised on disapproval of transgender students or a desire to harm a particular student. The criteria also would have to minimize harms to students whose opportunity to participate on a male or female team consistent with their gender identity would be limited or denied.
"What I would say is think about intent versus impact," Montana state Rep. Zooey Zephyr (D-100) toldVICE. "I think there is intent from the Biden administration to protect trans athletes but you can't reconcile that intent with the fact that this policy opens the potential pathway for discrimination."
Zephyr is among 14 transgender and nonbinary state legislators who on Monday sent a letter to President Joe Biden highlighting legislative attacks on trans athletes—20 states have passed sports bans and over 450 anti-trans bills have been put forth this year—and detailing their concerns with his administration's proposed changes to Title IX.
\u201cToday 14 trans & nonbinary legislators expressed our concern to President Biden regarding the proposed Title IX policy change.\n\nTrans people belong in sports. Policies must begin with the presumption of full inclusion & provide a pathway for participation in all levels of sports.\u201d— Rep. Zooey Zephyr (@Rep. Zooey Zephyr) 1681157092
"While we understand the administration may have been attempting to provide legal protections and clarity, in actuality these proposed rule changes will simply provide those who seek to deny us our rights a roadmap for how to do so," the lawmakers wrote. "To put it plainly, there is not such thing as an acceptable 'compromise' that limits transgender Americans access to equal rights."
"Trans athletes belong in sports," they argued. "When discussing questions around fairness in sports, rather than granting credence to false narratives around the supposed advantages of trans athletes, we should instead be asking why trans people are so deeply underrepresented—in their participation, in their successes, and in athletic scholarships."
The lawmakers called on the administration to work with transgender legislators, lawyers, and activists "to revise this proposed policy in a way that allows trans people to fully participate in the sports of their choosing, and does not perpetuate unfounded and harmful claims about trans athletes."
\u201c\u203c\ufe0fLost in Translation (w/ @ErinInTheMorn)\u203c\ufe0f\n\n"We have decided as a society...that for cis women to have an opportunity to compete in sports...you have to give them their own leagues where cis men aren't allowed...we've already made that decision as a society...& I don't know what\u2026\u201d— Briahna Joy Gray (@Briahna Joy Gray) 1681138557
As state legislators from Colorado, Delaware, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, Oklahoma, Pennsylvania, and Vermont wrote to Biden, professional, Olympic, and Paralympic athletes on the same day took aim at the House GOP bill.
The so-called Protection of Women and Girls in Sports Act (H.R. 734) was reintroduced by Rep. Greg Steube (R-Fla.) in February and received a hearing by the GOP-led House Committee on Education and the Workforce last month.
The new letter from critics of the bill was organized by Athlete Ally, which works to end homophobia and transphobia in sports.
"As professional, Olympic, and Paralympic athletes, we have dedicated our lives to sports," the letter states. "Sports have given us our greatest friends, taught us incredible life lessons, and given us the confidence and drive to succeed in the world. Those of us who love sport know that its value goes far beyond the playing field, to developing a sense of self and identity, and reflecting what we value as a community. Sport is a tremendous outlet for physical and mental health, teaches valuable lessons on teamwork and discipline, and has brought us lifelong community. Every single child should have access to the lifesaving power of sports."
If H.R. 734 passes, "transgender and intersex girls and women throughout the country will be forced to sit on the sidelines, away from their peers and their communities," the athletes warned. "Furthermore, the policing of who can and cannot play school sports will very likely lead to the policing of the bodies of all girls, including cisgender girls. This will deter girls from participating in sports and create additional barriers. Denying children access to a place where they can gain significant mental and physical health benefits, and learn lifelong lessons that come from being part of a team and working hard towards your goals does not protect women in sports."
\u201cThank you @S10Bird, @MzBerryThrows, @mPinoe @beckysauerbrunn & all the Pro, Olympic and Paralympic athletes who signed the open letter sent to House Reps today against HR734 and in support of trans & intersex youth: https://t.co/LxIomRfrYC\u201d— Athlete Ally (@Athlete Ally) 1681144623
"We believe that gender equity in sport is critical, which is why we urge policymakers to turn their attention and effort to the causes women athletes have been fighting for decades, including equal pay, an end to abuse and mistreatment, uneven implementation of Title IX, and a lack of access and equity for girls of color and girls with disabilities, to name only a few," the letter concludes. "Our deepest hope is that transgender and intersex kids will never have to feel the isolation, exclusion, and othering that H.R. 734 is seeking to enshrine into law."
Signatories include Abby Dunkin, a Paralympic gold medalist in wheelchair basketball; Olympic and professional soccer player Megan Rapinoe; Olympic and professional basketball player Sue Bird; trans powerlifter JayCee Cooper; Patricio Manuel, the first trans boxer to compete professionally; and CeCe Telfer, who as a track and field athlete at Franklin Pierce University was the first trans person to win a National Collegiate Athletic Association title.
"I'm proud to have signed onto this open letter in support of trans and intersex youth and against H.R. 734," Telfer tweeted. "Every child deserves the right to play the sport they love."