Most who testify oppose bill that bans transgender women from collegiate sports in Indiana
The Indiana Senate Committee on Education and Career Development heard from 17 people Wednesday, most of whom opposed a bill that would ban transgender women from collegiate sports.
State Rep. Michelle Davis, R-Whiteland, authored House Bill 1041 prohibiting a male, based on the student's biological sex at birth, from participating on a women's athletic team. The bill also allows for a student or parent to file a grievance if a college isn't following the law.
Davis testified before the Senate committee that House Bill 1041 mirrors – in language and bill title – the piece of legislation the legislature passed in 2022 banning transgender athletes from girls sports at the K-12 level, but it extends it to the collegiate level.
'House Bill 1041 ensures fairness in collegiate sports which is essential to protecting opportunities for our female athletes here in Indiana,' Davis said. 'House Bill 1041 helps maintain a level playing field.'
Davis, in answering questions from Sen. J.D. Ford, said she was at the White House in February when President Doland Trump signed an executive order banning transgender athletes from girls' and women's sports.
The day after Trump signed the executive order, the National Collegiate Athletic Association amended its transgender athlete policy to limit competition in women's sports to student-athletes assigned female at birth.
Ford, D-Indianappolis, told Davis that the executive order and the NCAA action 'is doing what you are intending to do' with House Bill 1041. Ford said that NCAA President Charlie Baker recently testified before a U.S. Senate Committee that fewer than 10 student athletes were transgender.
'There's actually more members on this committee than there are trans athletes for the entire NCAA,' Ford said. 'I feel like you're just wasting some time here. It's already being done.'
Davis said she doesn't believe it is a waste of time because the NCAA could change its policy.
Ford said the bill's grievance process could open a pandora's box of people filing grievances against opposing teams for a tactical advantage.
'I can see some malicious complaints being submitted,' Ford said.
Senator Shelli Yoder, D-Bloomington, said she's frustrated with House Bill 1041 because it takes away the 'respect and dignity' of students and families of a vulnerable community, including those born intersex, or babies born with a combination of male and female biological traits.
'This bill is flawed, unnecessary and discriminatory,' Yoder said.
Senator Fady Qaddoura, D-Indianapolis, said the bill 'is a waste of time' aimed at playing party politics.
During public testimony, the majority of people spoke in opposition of the bill and said attacks a vulnerable population. The four people who spoke in favor of the bill said the bill would protect women.
Zoe O'Haillin-Berne, the director of engagement at IYG, a nonprofit organization that supports LGBTQ people in Indiana, said House Bill 1041 will have devastating consequences for transgender people.
House Bill 1041 pushes the false narrative that transgender women are dominating women's sports, O'Haillin-Berne said, while the data doesn't support that claim. The reality, she said, is that most transgender youth avoid sports because of the scrutiny and bullying they face.
'They are fearful of the growing hostility and the message that they are somehow a threat to our state and our communities. That message is not only inaccurate, but it is irresponsible and profoundly dangerous' O'Haillin-Berne said.
Beth Clawson said her transgender daughter has loved playing sports since she was 3 years old. Her daughter has played soccer, basketball, volleyball, roller derby and baseball, Clawson said.
'She is now in middle school, and won't play anything because 1) she is not allowed to play because she is transgender and 2) because she feels fear – real fear – because she has been told by most of the legislators … that she doesn't belong there. She doesn't feel safe in the state of Indiana let alone on the volleyball court or in the swimming pool,' Clawson said.
House Bill 1041 sends the message that transgender people 'are not welcome, that their identities are not valid, and that their passions and talents do not matter,' Clawson said.
'This is a message that we must vehemently reject,' Clawson said.
Elle Patterson, a sophomore who plays NCAA Division I volleyball for the Indiana University Jaguars, testified about being recruited to San Jose State University in California 'with the understanding' that she would be a scholarship athlete on the volleyball team.
When she arrived, Patterson said she was told that she wouldn't receive a scholarship for her freshman year, but that she would receive a scholarship for her remaining three years of eligibility.
While at San Jose State University, Patterson said 'unbeknownst' to her she played with an athlete that she claimed was biologically male. Ahead of her sophomore year, Patterson said she was told she wouldn't receive a scholarship, while Patterson said her teammate received a full scholarship.
'House Bill 1041 needs to be passed to protect bodily privacy, competitive fairness and ensure women's safety,' Patterson said.
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