WIAA votes against trans athlete policy changes
"Despite the failure of ML/HS No. 7 and ML/HS No. 8, the Association's message remains clear: The WIAA remains committed to following Washington state law and will continue to do so moving forward," reads a statement from the WIAA. "If state law changes in the future, the WIAA Executive Board holds the authority to revise policies accordingly — and now has input from the membership on how to proceed in that event, while remaining in compliance with state law."
The vote follows an executive order by President Donald J. Trump filed Feb. 5 titled "Keeping Men Out of Women's Sports." The order states that transgender women can no longer compete in sports that align with their gender identity due to unfair advantages. The order does not address transgender men, born biologically female, from competing in men's sports.
"Under Title IX of the Education Amendments Act of 1972 (Title IX), educational institutions receiving Federal funds cannot deny women an equal opportunity to participate in sports," Trump wrote in his order.
Prior to and following the executive order, several districts across the state, including the Moses Lake School District, wrote letters to the WIAA, the Superintendent of Public Instruction's office and the Washington State Attorney General about the contradiction between state and federal policies.
Moses Lake School District Board Chair Kirryn Jensen was contacted for comment in regard to the vote and did not answer by press time, indicating she needed time to review the WIAA's actions prior to responding.
Chris Reykdal, Washington state superintendent of public instruction, issued a statement Feb. 6 saying Trump's order contradicts "the Washington Law Against Discrimination, and our laws prohibiting discrimination in our public schools."
"One thing is clear: The 47th President of the United States is disregarding the rule of law by attempting to unilaterally impose an attack on the specific student groups that anti-discrimination laws aim to protect," Reykdal wrote in his statement. "... State law prohibits discrimination on the basis of gender identity, and we will not back down from that."
Amendment No. 7
The proposed amendment by the WIAA concerning gender identity participation, as outlined in Amendment No. 7, sought to ensure inclusive athletic opportunities for all students while maintaining fairness in competition.
Under this proposed amendment, participation would be categorized into two distinct groups: 'Boys/Open' and 'Girls.' The policy stipulates that "all student-athletes, regardless of sex, gender identity or gender expression, who meet eligibility criteria are allowed to participate in the 'Boys/Open Category.'"
However, the amendment failed in a 31-22 vote. For an amendment to pass, 60% of voting members are needed; in this case, 32 votes were needed for the amendment to pass.
To preserve competitive equity, the 'Girls Category' would have been restricted to those whose biological sex is female. This delineation aims to protect the integrity of female sports, aiming for a level playing field by addressing potential physical advantages that biological males may possess.
However, the amendment also acknowledges potential legal and ethical implications, according to the WIAA. While aiming for inclusivity, the policy's restrictions could provoke legal challenges based on criticisms of discrimination against transgender athletes who may identify as female but are unable to compete in the 'Girls Category.' The rationale behind this policy, derived from a similar model from Alaska, aims to ensure fairness while recognizing the complexities involved in gender identity and its implications in competitive sports.
The amendment was proposed by submitted by 14 districts across the state, including the Lynden, Blaine, Brewster, Cashmere, Colville, Grand Coulee Dam, Lake Chelan, Lynden Christian, Mansfield, Mead, Okanogan, Omak, Oroville and Tonasket.
Amendment No. 8
The authors of Amendment No. 8 sought to ensure equitable participation for all students in athletic programs consistent with their gender identity. The amendment specifies that athletic programs would have been structured separately for boys, girls, and an open division, promoting fairness while simultaneously considering the complexities of gender identity and biological sex.
However, the amendment failed with a 13-40 vote. For an amendment to pass, 60% of voting members would need to vote in favor of the measure; in this case, 32 votes were needed for the amendment to pass.
The regulation would have allowed students to participate in a manner that aligns with their gender identity. School personnel would have needed to work collaboratively with student athletes to assess eligibility for participation in boys', girls' or the open division. If granted, the eligibility would have been kept consistent for the duration of the athlete's participation, without a need for yearly renewal.
A critical aspect of this amendment would have been the establishment of an open division, designed to preserve equality of opportunity while delineating categories of competition. The amendment acknowledges the disparities in athletic performance that can arise from biological differences, recognizing the importance of maintaining competitive integrity. It notes that various sports organizations have adjusted their policies to address these concerns while also ensuring protection against discrimination.
Additionally, the amendment anticipated potential shortcomings, including the possibility of extended competition durations and the logistical challenges associated with inviting athletes from outside the state for participation in the open division. However, proponents argued that the benefits of creating a safe, fair and inclusive environment outweighed such challenges.
The amendment was submitted by seven school districts across the state, including Eastmont, Cashmere, Colville, Lynden, Mead, Moses Lake and Thorp.
Both the Moses Lake and Warden school districts have recently adjusted policies to align with the President's executive order regarding athletics and trans athletes. Legal challenges may occur as OSPI and the districts move forward with the situation.
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