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I'm in the House Education Committee, where HB302 will be heard. It would ban transgender girls from athletics.
Already, @KeraBirk has introduced a substitute to remove higher education institutions (which sidesteps NCAA issues): https://le.utah.gov/~2021/bills/hbillint/HB0302S01_ComparedWith_HB0302.pdf @fox13 #utpol #utleg
Already, @KeraBirk has introduced a substitute to remove higher education institutions (which sidesteps NCAA issues): https://le.utah.gov/~2021/bills/hbillint/HB0302S01_ComparedWith_HB0302.pdf @fox13 #utpol #utleg
"My intent is to bring this back next year if we can't handle this on a federal level," @KeraBirk says. "I don't want to muddy the waters so this sets it aside at this time."
@fox13 #utpol #utleg
@fox13 #utpol #utleg
. @KeraBirk gives a history lesson dating back to the first Olympics, women being allowed to play baseball in WW2, and 1967 when women were declared "physiologically incapable" of running a marathon.
@fox13 #utpol #utleg
@fox13 #utpol #utleg
. @KeraBirk says Title IX allows women an equal seat at the table.
She argues women will be left "as spectators in their own sports," by individuals identified as male at birth. @fox13 #utpol #utleg
She argues women will be left "as spectators in their own sports," by individuals identified as male at birth. @fox13 #utpol #utleg
Hailey Tam (?) an @SUUtbirds track athlete is now testifying.
She says she was "forced to race against a biological man."
"I couldn't believe this was OK and deemed as fair," she testifies. @fox13 #utpol #utleg
She says she was "forced to race against a biological man."
"I couldn't believe this was OK and deemed as fair," she testifies. @fox13 #utpol #utleg
Tam testifies she lost to a transgender competitor.
She tells the committee she wants "to protect and save women's sports."
@fox13 #utpol #utleg
She tells the committee she wants "to protect and save women's sports."
@fox13 #utpol #utleg
Idaho Rep. Barbara Ehardt (who sponsored their bill that's been challenged in federal court) is testifying via Zoom.
"If someone wants to identify as female, that's fine... we are not free to choose the consequences," she says. @fox13 #utpol #utleg
"If someone wants to identify as female, that's fine... we are not free to choose the consequences," she says. @fox13 #utpol #utleg
Rep. Ehardt now talking about genetics giving boys "an inherent advantage" in athletics.
She urges the committee to protect opportunities for women to complete.
"They just have to compete with their biological sex," Rep. Ehardt says. @fox13 #utpol #utleg
She urges the committee to protect opportunities for women to complete.
"They just have to compete with their biological sex," Rep. Ehardt says. @fox13 #utpol #utleg
"If this continues to happen, where do the girls go? Where do we go to play?" Rep. Ehardt testifies.
Next witness is Whitney Smith, an athletic trainer and former soccer player. @fox13 #utpol #utleg
Next witness is Whitney Smith, an athletic trainer and former soccer player. @fox13 #utpol #utleg
Smith is giving lengthy testimony about her experiences at Boise State.
"Preserve the beauty the females bring to the sport," she tells the committee.
@fox13 #utpol #utleg
"Preserve the beauty the females bring to the sport," she tells the committee.
@fox13 #utpol #utleg
Smith gave no specific examples of transgender athletes in her experience, but urged the committee to preserve differences in sport.
"I believe now is the correct time to address this issue," @KeraBirk says, urging the state to be proactive. @fox13 #utpol #utleg
"I believe now is the correct time to address this issue," @KeraBirk says, urging the state to be proactive. @fox13 #utpol #utleg
. @KeraBirk notes @SenMikeLee and @SenatorRomney are addressing legislation on a federal level.
Now, committee ?s. @RepCarolMoss asks if there's been incidents of issues in Utah?
There's been a couple where some have considered, but declined, @KeraBirk responds. @fox13 #utpol
Now, committee ?s. @RepCarolMoss asks if there's been incidents of issues in Utah?
There's been a couple where some have considered, but declined, @KeraBirk responds. @fox13 #utpol
"So it hasn't been a problem," @RepCarolMoss responds.
Rep. Moss asks if she wants to ban tall, muscular cisgender females?
@KeraBirk says no and she's proposing a pause on transgender athletes "and let's keep out what we know to be fair while we work out the science and data."
Rep. Moss asks if she wants to ban tall, muscular cisgender females?
@KeraBirk says no and she's proposing a pause on transgender athletes "and let's keep out what we know to be fair while we work out the science and data."
. @KeraBirk says they can't require extra testing, but she's trying to keep the playing field as fair as possible.
"That is the fair way without the discrimination," she says.
@fox13 #utpol #utleg
"That is the fair way without the discrimination," she says.
@fox13 #utpol #utleg
"It's not my intention to exclude them from any sport," @KeraBirk says. "But we have to weigh that against what's fair."
@RepEWeight asks Rep. Birkeland if she's talked to LGBTQ orgs? She says she did meet with some people in that community. @fox13 #utpol #utleg
@RepEWeight asks Rep. Birkeland if she's talked to LGBTQ orgs? She says she did meet with some people in that community. @fox13 #utpol #utleg
. @KeraBirk says they do not know the exact science on what kind of hormone therapy is needed to take away a competitive edge and she'd support funding for studies.
She says she did meet with LGBTQ groups to discuss their concerns. @fox13 #utpol #utleg
She says she did meet with LGBTQ groups to discuss their concerns. @fox13 #utpol #utleg
. @RepEWeight asks if the medical community has provided research?
"Currently the research is not all the way there," @KeraBirk says, adding she is committing to do research and bring all stakeholders to the table. @fox13 #utpol #utleg
"Currently the research is not all the way there," @KeraBirk says, adding she is committing to do research and bring all stakeholders to the table. @fox13 #utpol #utleg
. @RepKarenKwan says she has questions about the constitutionality of the bill.
"In my generation, I used to be called a 'tomboy,'" she adds. "While I do appreciate this conversation... I categorically reject the idea girls cannot compete with boys." @fox13 #utpol #utleg
"In my generation, I used to be called a 'tomboy,'" she adds. "While I do appreciate this conversation... I categorically reject the idea girls cannot compete with boys." @fox13 #utpol #utleg
. @RepKarenKwan says the Utah High School Activities Association already has a policy on this, so she questions the need for the bill.
@KeraBirk acknowledges there are constitutional concerns on her bill, but she goes back to the purpose of Title IX. @fox13 #utpol #utleg
@KeraBirk acknowledges there are constitutional concerns on her bill, but she goes back to the purpose of Title IX. @fox13 #utpol #utleg
On USHAA policy, @KeraBirk says she is familiar with it and it's a good policy.
"I don't believe it's the best policy," she says, adding it might not keep a school out of litigation.
@fox13 #utpol #utleg
"I don't believe it's the best policy," she says, adding it might not keep a school out of litigation.
@fox13 #utpol #utleg
. @KeraBirk asks what happens if a school cuts a transgender athlete based on athletic ability and they get sued?
She says this bill allows them to "pause this" and work out these issues later "so that all students can participate in an equal setting." @fox13 #utpol #utleg
She says this bill allows them to "pause this" and work out these issues later "so that all students can participate in an equal setting." @fox13 #utpol #utleg
. @adamerobertson asks about cause of action pieces of the bill?
@KeraBirk says if a student is deprived based on competing against a transgender athlete, they can sue a school.
"If we want fairness and equality, we provide a pathway for young ladies to receive that." #utpol
@KeraBirk says if a student is deprived based on competing against a transgender athlete, they can sue a school.
"If we want fairness and equality, we provide a pathway for young ladies to receive that." #utpol
. @adamerobertson asks about retaliation?
@KeraBirk says if someone were to question another person's biology, the school can't retaliate.
@fox13 #utpol #utleg
@KeraBirk says if someone were to question another person's biology, the school can't retaliate.
@fox13 #utpol #utleg
. @WaldripSteve asks about burden of proof for legal action?
@KeraBirk says she understands there's concerns, but she doesn't believe districts will be unaware of the policy. @fox13 #utpol #utleg
@KeraBirk says she understands there's concerns, but she doesn't believe districts will be unaware of the policy. @fox13 #utpol #utleg
"This holds the school responsible regardless of the cause. That's my concern," @WaldripSteve says.
@KeraBirk suggests they can address that.
@RepKarenKwan asks legal counsel about the bill's constitutionality? @fox13 #utpol #utleg
@KeraBirk suggests they can address that.
@RepKarenKwan asks legal counsel about the bill's constitutionality? @fox13 #utpol #utleg
Michael Curtis with the Office of Legislative Research & General Counsel (which is neutral on all bills).
"It does raise significant constitutional questions under the Equal Protection Clause of the 14th Amendment," he says. @fox13 #utpol #utleg
"It does raise significant constitutional questions under the Equal Protection Clause of the 14th Amendment," he says. @fox13 #utpol #utleg
Curtis says the bill also treats transgender male students differently from transgender female students.
"Unfortunately, we do not have specific Utah case law on point," he says.
He points the committee to Idaho's case law (which is in federal court). @fox13 #utpol #utleg
"Unfortunately, we do not have specific Utah case law on point," he says.
He points the committee to Idaho's case law (which is in federal court). @fox13 #utpol #utleg
A SCOTUS ruling dealing with transgender people and employment may also apply here (but it was a narrow ruling), Curtis testifies.
"There's a significant risk a court in Utah could hold the bill unconstitutional," he says. @fox13 #utpol #utleg
"There's a significant risk a court in Utah could hold the bill unconstitutional," he says. @fox13 #utpol #utleg
. @KeraBirk asks Rep. Ehardt to weigh in on that.
Rep. Ehardt says the SCOTUS case is very narrowly tied to employment, and this is more about Title IX.
(FYI, Idaho's law was blocked from going into effect by a federal judge.) @fox13 #utpol #utleg
Rep. Ehardt says the SCOTUS case is very narrowly tied to employment, and this is more about Title IX.
(FYI, Idaho's law was blocked from going into effect by a federal judge.) @fox13 #utpol #utleg
Committee chair @lowrysnow asks with the Biden administration's new executive orders, does this bill conflict?
Curtis (the legal counsel for the legislature) says it is possible, but he's not prepared to respond any further. He can research. @fox13 #utpol #utleg
Curtis (the legal counsel for the legislature) says it is possible, but he's not prepared to respond any further. He can research. @fox13 #utpol #utleg
Rep. Ehardt says a change of presidency and change of direction is "not settled law."
"My bill was the first of its kind ever," she says, noting that other states and Congress are now considering it.
She suggests legal challenges will come. @fox13 #utpol #utleg
"My bill was the first of its kind ever," she says, noting that other states and Congress are now considering it.
She suggests legal challenges will come. @fox13 #utpol #utleg
"As these things all begin to play out, I think it is important that states like Utah take a stand," Rep. Ehardt says.
Now public comment to the bill. @fox13 #utpol #utleg
Now public comment to the bill. @fox13 #utpol #utleg
. @lowrysnow says he's got a large number of people who want to comment (over 40 and counting), so he's limiting comment to one minute. He says he'll even mute people to get everyone in.
@fox13 #utpol #utleg
@fox13 #utpol #utleg
Gayle Ruzicka of the Utah Eagle Forum is up first. She supports HB302.
"Allowing males to compete in women's sports means we will eliminate... women's sports," she testifies. @fox13 #utpol #utleg
"Allowing males to compete in women's sports means we will eliminate... women's sports," she testifies. @fox13 #utpol #utleg
. @lowrysnow notes there are "far more people that want to speak in opposition" to the bill.
Troy Williams of @EqualityUtah against HB302. He invokes Utah's antidiscrimination law.
"This bill does discriminate. It tells some children you can't play," he says. #utpol #utleg
Troy Williams of @EqualityUtah against HB302. He invokes Utah's antidiscrimination law.
"This bill does discriminate. It tells some children you can't play," he says. #utpol #utleg
Allison Pray (?) an @SUUtbirds track athlete, speaks in support of HB302 and says she competed against a transgender athlete.
"It's something a woman should never have to think about." @fox13 #utpol #utleg
"It's something a woman should never have to think about." @fox13 #utpol #utleg
A man (whose name I didn't catch) says he is the father of a transgender girl says the bill is discriminatory.
"Another consideration should be the mental health of transgender individuals," he says. @fox13 #utpol #utleg
"Another consideration should be the mental health of transgender individuals," he says. @fox13 #utpol #utleg
A rep for UHSAA gives the committee their policy on transgender athletes. They're officially neutral on the bill (and will enforce laws that are adopted).
But he warns they'll be sued first "which puts us at a very dangerous disadvantage right now." @fox13 #utpol #utleg
But he warns they'll be sued first "which puts us at a very dangerous disadvantage right now." @fox13 #utpol #utleg
UHSAA says they've already been defending "the girl's football litigation."
"Our ask of this committee, and this legislature is, indemnify us," he says.
(In other words, give them money to defend a lawsuit if it passes.) @fox13 #utpol #utleg
"Our ask of this committee, and this legislature is, indemnify us," he says.
(In other words, give them money to defend a lawsuit if it passes.) @fox13 #utpol #utleg
Dr. Jennifer Plumb, a physician and health advocate, is speaking against HB302.
"We have a problem with suicides, young people suicides in this state," she says. "Where that comes from is a place of not belonging." @fox13 #utpol #utleg
"We have a problem with suicides, young people suicides in this state," she says. "Where that comes from is a place of not belonging." @fox13 #utpol #utleg
. @UT_Eagle_Forum (as Citizens for Strong Families) is speaking for HB302.
"I want to bring to your attention, a transgender boxer who is sending her opponents to the hospital," she says. @fox13 #utpol #utleg
"I want to bring to your attention, a transgender boxer who is sending her opponents to the hospital," she says. @fox13 #utpol #utleg
. @acluutah's Marina Lowe says this bill is identical to Idaho's law.
"I think it should be called the 'Lawyer Protection Act," she says, warning it will bring A LOT of lawsuits.
@fox13 #utpol #utleg
"I think it should be called the 'Lawyer Protection Act," she says, warning it will bring A LOT of lawsuits.
@fox13 #utpol #utleg
. @chriswhartonslc says Salt Lake City has concerns about the impact of the bill from an economic development/tourism standpoint.
"The message HB302 is also inconsistent with our bid to host the... Olympics again in Salt Lake City," he says. @fox13 #utpol #utleg
"The message HB302 is also inconsistent with our bid to host the... Olympics again in Salt Lake City," he says. @fox13 #utpol #utleg
. @UtahPTAOneVoice says "we see both sides."
But they ask for students to be included in conversations about how bills impact them. @fox13 #utpol #utleg
But they ask for students to be included in conversations about how bills impact them. @fox13 #utpol #utleg
Josie Jessie, who says she is a transgender woman, speaks against HB302.
"This is a discriminatory bill and I highly encourage for it to be killed," she says. @fox13 #utpol #utleg
"This is a discriminatory bill and I highly encourage for it to be killed," she says. @fox13 #utpol #utleg
McKay Jensen, who says he represents Utah School Boards Association and Superintendents Association, says they will deal with laws as passed, but he raises concerns about causes of action (ie, litigation). @fox13 #utpol #utleg
