NC Governor Vetoes Bill Barring Male Athletes From Competing in Women’s Sports

NC Governor Vetoes Bill Barring Male Athletes From Competing in Women’s Sports
North Carolina Gov. Roy Cooper in Raleigh, N.C., on June 2, 2020. Ethan Hyman/The News & Observer via AP
Ryan Morgan
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Democratic North Carolina Gov. Roy Cooper vetoed a bill that would have prevented males from competing in interscholastic sporting events designated for females, even after the legislation earned bipartisan support in the state legislature.

On July 5, Mr. Cooper formally vetoed HB 574, titled the “Fairness in Women’s Sports Act. The bill stated that “athletic teams designated for females, women, or girls shall not be open to students of the male sex” at the middle school, high school, or college levels.
HB 574 was approved by the state Senate by a 31–17 vote with one Democratic senator joining the Republican majority. The bill also passed in the North Carolina House of Representatives by a vote of 62–43, again with one Democratic lawmaker joining the Republican majority.

While similar legislation has been enacted in other states, opponents of such measures argue that they’re unfair to athletes who identify as transgender who wish to compete in the gender category that fits their identity.

“We don’t need politicians inflaming their political culture wars by making broad, uninformed decisions about an extremely small number of vulnerable children that are already handled by a robust system that relies on parents, schools, and sports organizations,” Mr. Cooper said of HB 574.

Twenty-two states have implemented bans on males’ competing in women’s sports: Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Missouri, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

Further justifying his veto, the Democratic governor said, “Republican governors in other states have vetoed similar bills because they hurt their states’ reputation and economy and because they are neither fair nor needed.”

Republican South Dakota Gov. Kristi Noem asked for changes to a 2021 bill barring male athletes from women’s sports, but the changes were rejected, preventing the bill from passing. She requested and passed a revised version of the legislation the following year. Republican North Dakota Gov. Doug Burgum similarly objected to a transgender sports bill in 2021 but signed two bills this year that bar male athletes from competing in women’s sports.
Republican Utah Gov. Spencer Cox and Republican Indiana Gov. Eric Holcomb also both vetoed bills that would have blocked male athletes from competing in women’s sports. However, both Republican governors’ vetoes were overridden and the bans went into effect.
North Carolina lawmakers could try to override the veto. North Carolina Republicans held a veto-proof supermajority in the state Senate before the start of this legislative session and gained a supermajority in the state House of Representatives this spring after State Rep. Tricia Cotham changed her party affiliation to Republican from Democratic.

Republican Rep. Erin Paré, one of HB 574’s primary sponsors, has already indicated that a veto override attempt is forthcoming.

“As a mom of two teenagers who are both competitive athletes, I am not only a primary sponsor of this bill, but also an advocate for preserving the integrity of women’s sports and ensuring a safe and fair playing field,” Ms. Paré said in a press statement on July 5. “NC Republicans will swiftly override this veto.”

Governor Vetoes Other Bills

In addition to vetoing HB 574, Mr. Cooper also vetoed SB 49, titled “The Parents Bill of Rights,” and HB 808, which regulates gender transitioning procedures for minors.

SB 49 specifies that parents have the right to direct the education and moral upbringing of their children and that a parent has the right to “consent or withhold consent for participation in reproductive health and safety education programs,” to “seek a medical or religious exemption from immunization requirements,” and to access all textbooks and supplementary instructional materials being assigned to their child.

The bill also imposes penalties against any state employee who “encourages, coerces, or attempts to encourage or coerce a child to withhold information from his or her parent.”

Justifying his objection to SB 49, Mr. Cooper labeled the legislation a “Don’t Say Gay” bill, in a reference to Florida’s Parental Rights in Education Act, which was derided by opponents as the “Don’t Say Gay” bill.

“Parents are the most essential educators for their children, and their involvement must be encouraged, but this bill will scare teachers into silence by injecting fear and uncertainty into classrooms,” Mr. Cooper said. “This ‘Don’t Say Gay’ bill also hampers the important and sometimes lifesaving role of educators as trusted advisers when students have nowhere else to turn. The rights of parents are well established in state law, so instead of burdening schools with their political culture wars, legislators should help them with better teacher pay and more investments in students.”

Republican state Sens. Amy Galey and Michael Lee defended SB 49, stating, “Gov. Cooper continues to mislead the public about the Parents’ Bill of Rights so he can drum up manufactured outrage and rake in donations. This bill encourages collaboration, promotes transparency, and keeps classrooms focused on educating, not indoctrinating.”

HB 808 bars medical professionals from performing gender transition surgeries on minors and from prescribing them puberty-blocking drugs or cross-sex hormones.

“A doctor’s office is no place for politicians, and North Carolina should continue to let parents and medical professionals make decisions about the best way to offer gender care for their children,” Mr. Cooper said on July 7. “Ordering doctors to stop following approved medical protocols sets a troubling precedent and is dangerous for vulnerable youth and their mental health. The government should not make itself both the parent and the doctor.”

Republicans defended HB 808, arguing that it prevents minors from undergoing gender transitioning procedures with long-term—even permanent—consequences.

“The open-door policy of allowing children to permanently change their gender is reckless and rightfully questioned by the medical community. Several countries are now restricting gender-reassignment procedures for minors, citing long-term consequences and permanent risks,“ Republican state Sen. Joyce Krawiec said. ”While Gov. Cooper has turned a blind eye to the protection of children, the legislature is taking the safest approach by limiting access to these life-altering medical procedures until a child comes of age.”

The North Carolina governor referred to HB 574, SB 49, and HB 808 together as a “triple threat of political culture wars.”

Republicans could feasibly override Mr. Cooper’s vetoes. Overriding the Democratic governor’s veto of SB 49 likely poses the toughest challenge for Republicans, since they only have their veto-proof majority in the House by one seat and Republican Rep. Hugh Blackwell voted against the bill.