In a victory for trans youth, the U.S. Senate on Monday failed to advance a bill approved by the House that would have banned transgender youth participation in sports on teams that align with their gender identity. The Republican-controlled Senate rejected the bill on cloture by a vote of 51-45. (Sixty votes were needed.)
The bill, S. 9, a version of which passed by a slim majority in the House of Representatives in January, would prohibit any school athletics program receiving federal funding from allowing transgender women and girls to participate in athletics programs designated for women and girls. The American Civil Liberties Union noted that the bill seeks to narrow the range of sex discrimination prohibited by laws like Title IX by defining sex "solely on a person's reproductive biology and genetics at birth."
The vote marks a significant victory for equality and serves as a reminder that anti-LGBTQ+ policies are unpopular and out of touch with the American people, the Human Rights Campaign stated in a news release.
"Today, a bill to ban transgender youth from participating in sports was defeated in the Senate. Despite President [Donald] Trump's relentless targeting of transgender people and an anti-equality majority in the Senate, lawmakers refused to move the bill forward," HRC stated. "The Senate's rejection of this anti-LGBTQ+ attack sends a clear message that attempts to legislate away freedoms for LGBTQ+ people and their families will be met with resistance."
HRC President Kelley Robinson, a Black queer woman, said the bill would have sent a chilling message to trans youth.
"Every child should have the opportunity to experience the simple joys of being young and making memories with their friends," Robinson stated. "But bills like these send the message that transgender kids don't deserve the same opportunities to thrive as their peers simply because of who they are. And they are impossible to enforce without putting all kids at risk of invasive questions or physical examinations just because someone doesn't look or dress like everyone else.
"We should want all of our kids to have the chance to be on a team, problem solve with others, learn valuable skills, and find places to belong. Thank you to the leaders who stood up today, pushed back against those playing politics with young people's lives, and declared that ours should be a nation where every child feels valued," she added.
The ACLU also praised the bill's defeat.
"As anyone paying attention to the actions of the Trump administration can tell you, this bill is simply one part of a sweeping effort to push transgender people out of public life altogether," stated Mike Zamore, national director of policy and government affairs at the ACLU. "We need more attention on actually ensuring fair and equal opportunity for all girls and women, not inflicting invasive and humiliating checks and bullying on kids to serve adults' political purposes. We are thankful to the senators who rejected this ugly effort to codify discrimination within a historic civil rights law, and we will always fight for the freedom of all young people to be themselves at school, including on the playing field."
HRC stated that pro-equality supporters across the country have taken action since its consideration in the U.S. House to help defeat the transgender youth sports ban. HRC helped drive over 35,000 constituent calls and emails to lawmakers on Capitol Hill urging them to reject this legislation, including 8,000 calls on March 3 to U.S. Senate offices.
The ACLU stated that federal courts have consistently found in favor of trans student-athletes challenging bans on their equal participation consistent with their gender identity. California also has laws that allow student-athletes to participate on teams that align with their gender identity.
As the Bay Area Reporter noted last week, U.S. Attorney General Pam Bondi sent letters to three state attorneys general, including Rob Bonta in California, warning that they must comply with Trump's executive order on transgender girls and women's participation in female sports, which he wants to ban.
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