Fairness or bigotry? Kennewick lawmaker’s bill would restrict transgender high school athletes

A bill that would restrict participation for transgender girls in school sports has been pre-filed by Rep. Brad Klippert, R-Kennewick, for the upcoming Washington state legislative session.

It makes Washington among at least five states set to consider measures that would put restrictions on competition by transgender athletes, according to The Wall Street Journal.

Klippert says his bill is about fairness for girls competing in school sports.

But Tobi Hill-Meyer, co executive director of the Seattle-based Gender Justice League for Washington state, sees it as “an attempt to prevent transgender children from being able to participate in society.”

House Bill 2201 would require school districts to place restrictions on those students whose sex was assigned at birth as male from competing in athletic activities intended for female students.

It would only apply to individual competitions, such as many track and field, swimming and biking events, rather than team sporting events.

Klippert says he’s aware of no reported transgender athlete problems to date in Washington state.

But there have been some widely reported cases in the nation, including a federal complaint brought by three girls who have competed in track in Connecticut against transgender girls, assigned male gender at birth, who have won state competitions.

They said a statewide anti-discrimination policy was costing them top finishes in races and possibly college scholarships, according to the Associated Press.

In another case reported by outlets from ESPN to The Guardian, a Texas transgender boy, Mack Beggs, won girls’ wrestling state championships in high school in 2016 and 2017.

He asked to wrestle boys rather than girls as he began using testosterone to transition from female to male in high school, but Texas public high schools require that athletes compete based on the gender listed on their birth certificates.

The Washington Interscholastic Activities Association makes rules for Washington state’s high school sports programs and was the first in the nation in 2007-08 to allow transgender students to participate based on gender identity.

By 2017, three known transgender athletes had competed in WIAA sports, according to a Seattle Times story at the time.

Concerns about fairness for girls

Klippert said he was approached by a constituent who was concerned about the issues in other states.

“A girl trains and trains to qualify in her sport at state,” but then “must compete against a male who self-identifies as a girl,” he said. “It is just not fair.”

People born male are generally stronger, with different bone and muscular structure and different hormones, he said.

But Hill-Meyer said gender assigned at birth does not determine athletic ability.

The International Olympic Committee has allowed transgender athletes to compete since 2004, she pointed out. More recent guidelines put restrictions on testosterone levels for trans women athletes.

“This bill is not based on science,” Hill-Meyer said about Klippert’s bill. “If it was anything more that bias and bigotry it would have been created with input from medical experts on the issue.”

Although the Gender Justice League does not have specific policies on high school sports, it does see transgender people as vulnerable and needing protection.

A study by the National Gay and Lesbian Task Force and the National Center for Transgender Equality found that 41 percent of transgender people reported attempting suicide, with higher rates for those bullied and harassed in school. The rate for the general population is 1.6 percent.

Transgender youth given support have suicide rates in line with the general population, Hill-Meyer said.

GLSEN, which works to provide safe and inclusive school environments for LGBTQ youth, says in its policy brief on transgender inclusion in high school athletics that the ability to participate fully in school life is critical for transgender students’ well-being during adolescence.

Klippert is the only sponsor on HB 2201. He said he has not sought other sponsors but is open to other co-signers.

His goal has been to bring the issue to the attention of the state Legislature, and now it is up to the majority party and committee leaders to decide if there will be a hearing, Klippert said.