By James Sutherland on SwimSwam
Voters in four states approved statewide ballot measures restricting transgender athletes participating in girls’ and women’s sports during last week’s U.S. general election.
Three Democratic-led states—Arizona, Colorado and Washington—voted to restrict transgender students from participating on sports teams that align with their gender identity rather than their biological sex. This marked a victory for the conservative movement that has prioritized restrictions on trans athletes, headlined by President Donald Trump‘s “Keeping Men Out of Women’s Sports” Executive Order signed last year.
Additionally, Nebraska, a red state, approved a measure to amend the state constitution to bar transgender athletes from participating in girls’ and women’s school sports.
Arizona – Voters approved Proposition 318 (59% support), which: Prohibits schools and athletic associations from authorizing an individual from using a restroom or locker room not designated for their sex. Defines sex as the “biological status as male or female as recorded at birth on the individual’s original birth certificate.” Removes the provision allowing any student, including females, to participate in any interscholastic or intramural athletic team or sport designated for males. Colorado – Voters approved Proposition 134 (52% support), which: Requires student-athletes to participate on men’s or women’s school and collegiate athletic teams that match their sex, defined as biological reproductive systems. Washington – Approved Initiative 638 (57% support), which: Requires school districts and nonprofit organizations that regulate interscholastic activities to “prohibit biologically male students from competing with and against female students” in sports with separate team or individual competitions for male and female students. Requires students seeking to participate in athletic activities designated for female students to submit documentation from their healthcare provider verifying the student’s sex, defined by certain biological factors. Nebraska – Approved amending Initiative Measure 442, which: Requires schools to “designate each athletic team or sport as one of the following based on biological sex”: male, female, or coed, and prohibits students of the male sex from participating on teams or in sports designated for females.The approval comes after the Supreme Court upheld state laws banning transgender athletes from competing in girls’ and women’s team sports in Idaho and West Virginia this past June.
The Supreme Court has not, however, ruled on the legality of state policies allowing trans athletes to compete on teams that align with their gender identity—essentially, the court has ruled that bans are allowed, but has yet to face a case where it will have to decide if inclusion can be legally challenged.
According to Politico, the issue of trans participation in sports has unified Republicans and divided Democrats, with the conservatives having made little progress outside of the red states in passing such measures until last week.
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