Transgender sports ban veto likely to be overridden in Utah

FILE - A proposed ban on transgender athletes playing female school sports in Utah would affect transgender girls like this 12-year-old swimmer seen at a pool in Utah on Feb. 22, 2021. She and her family spoke with The Associated Press on the condition of anonymity to avoid outing her publicly. She cried when she heard about the proposal that would ban transgender girls from competing on girls' sports teams in public high schools, which would separate her from her friends. Republican governors of two states this week vetoed the legislation to ban transgender players from girls' sports, but their decisions to buck the party's conservative wing could prove short-lived against a fired-up GOP base. (AP Photo/Rick Bowmer, File)

SALT LAKE CITY (AP) — Utah’s Republican lawmakers were preparing for a Friday push to override Gov. Spencer Cox’s veto of legislation banning transgender youth athletes from playing on girls teams, a move that comes amid a brewing nationwide culture war over transgender issues.

Cox was the second GOP governor this week to overrule state lawmakers on a sports-participation ban, and his veto letter drew national attention with a poignant argument that such laws target vulnerable kids who already have high rates of suicide attempts. But 11 states have enacted similar bans, and they are a key topic for the party’s vocal conservative base.

In Utah, there are also fears that the law’s passage could scuttle the NBA All-Star game set for February 2023 in Salt Lake City. The owner of the Utah Jazz, tech entrepreneur Ryan Smith, tweeted: “The bill was rushed, flawed and won’t hold up over time. I’m hopeful we can find a better way.”

The team is also partially owned by NBA all-star Dwyane Wade, who has a transgender daughter. NBA spokesman Mike Bass has said the league is “working closely” with the Jazz on the matter.

Leaders in the deeply conservative Legislature, though, say they need to pass the law to protect women’s sports. As cultural shifts raise LGBTQ visibility, the lawmakers argue that transgender athletes can have a physical advantage and could eventually dominate the field and change the nature of women’s sports.

Utah has only one transgender girl playing in K-12 sports who would be affected by the ban. There have been no allegations of any of the four transgender youth athletes in Utah having a competitive advantage.

A majority of the residents — and lawmakers — are members of The Church of Jesus Christ of Latter-day Saints in what has historically been among the nation’s most conservative states. But an influx of new residents and technology companies coupled with the growing influence of the tourism industry often sets the stage for heated debate over social issues.

Friday’s deliberations come after more than a year of debate and negotiation between social conservatives and LGBTQ advocates over how to regulate transgender participation in school sports. A year ago, lawmakers scuttled a proposed ban amid concerns about lawsuits and pushback from Cox, who indicated he would veto the legislation if it landed on his desk.

The issue resurfaced when lawmakers reconvened earlier this year. Its primary sponsor, Republican Rep. Kera Birkeland, worked with Cox and civil rights activists at Equality Utah before introducing legislation that would require transgender student-athletes to go before a government-appointed commission, which would evaluate whether their participation would distort level playing fields.

The proposal, although framed as a compromise, failed to gain traction among LGBTQ advocates or social conservatives. LGBTQ advocates took issue not only with Republican politicians appointing commission members, but also the evaluation criteria, which included body measurements such as hip-to-knee ratio.

Republican lawmakers said only an outright ban could preserve fairness and safety in women’s sports. In the final hours before the Legislature was set to adjourn earlier this month, they amended the commission proposal to include a ban on transgender athletes in girls leagues.

While the measure didn’t originally pass with veto-proof majorities, its supporters said earlier this week they have since swayed enough Republican lawmakers to ensure an override during a primary season where many moderate lawmakers are facing challenges from the right.

Lawmakers anticipate that court challenges could delay their proposal’s implementation, similar to bans that have been enjoined in Idaho and West Virginia. Utah’s policy would revert to the commission if courts block a ban and rule that it violates civil rights and equal protection.

The looming threat of a lawsuit worries school districts and the Utah High School Activities Association, which has said it lacks the funds to defend the policy in court. On Friday, lawmakers are expected to discuss amending the bill and directing the state to underwrite potential lawsuits. A draft bill released on Thursday would allocate taxpayer dollars toward legal fees and potential damages.

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5 Comments

  • Chris March 25, 2022 at 9:20 am Reply

    YES!!! WASTE OUR TAX REVENUE FOR THINGS THAT DON’T MATTER!!!

  • Norma March 25, 2022 at 9:40 am Reply

    The veto was wrong and Cox has shown his true colors and pronouns. We all know there are two genders. Children are not capable of making a life changing, body altering, irreversible decision such as this. They should be supported with love and counseling until adulthood. Fairness to the majority is to let girls compete against girls. If Trans choose to form a league, fine. Girls and women have rights and feelings too. When a man is chosen as a Woman Of The Year, our society has a truth and morality problem which must be set right. Women should not to be erased, wiped away for depraved ideology! We are critically important to society!

    • Chris March 25, 2022 at 3:18 pm Reply

      “The veto was wrong and Cox has shown his true colors and pronouns.”

      Sure sounds like you are a supportive person! I can’t figure out why transgender people have such high suicide rates when the community around them is so loving!

      You act like this is about protecting women, but the republicans couldn’t possibly care any less about women. The idea that this is about protecting women is almost as laughable as the fact that the government of the State of Utah is convening a special session of Congress to try to make sure a 12 year old transgender girl doesn’t get to swim with the girls. Amazing

  • figureditout March 26, 2022 at 8:45 am Reply

    Since it is not uncommon for a girl to play on a boy’s sports team, why can’t these transgender girls do the same. To insist on playing on a girl’s team is not the only way to give them opportunity and recognition. Joining the ‘tough’ girls who compete with biological males makes more sense than decimating girls’ sports.

  • skeetr March 28, 2022 at 5:25 pm Reply

    cant wait for all sports to go the way of the dodo

    what a commensurate waste of human effort

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