Texas Gov. Greg Abbott signed into law new legislation on June 15 aimed at protecting the integrity of women’s sports by banning biological males who identify as female from competing in women’s collegiate sports.
Under the newly-signed bill, an intercollegiate athletic team sponsored or authorized by an institution of higher education is banned from allowing biological males to compete in competitions designated for biological females.
The bill defines biological sex as the “correctly stated” sex on the student’s birth certificate or another government-issued form of identity.
However, in the case of biological females attempting to compete in such sports, the bill states that intercollegiate athletic teams “may allow a female student to compete in an intercollegiate athletic competition that is designated for male students if a corresponding intercollegiate athletic competition designated for female students is not offered or available.”
Schools will not be allowed to retaliate against any students who report a violation of the law, and individuals may seek injunctive relief against a Texas public college or university or intercollegiate athletic team if it violates the provisions of the bill.
The new law takes effect on Sept. 1, 2023.
‘Important Day for Female Athletes’
“Today is an important day for female athletes across the state of Texas, including little girls who aspire to one day compete in college sports,” said Abbott in signing the bill.“The Save Women’s Sports Act protects young women at Texas colleges and universities by prohibiting men from competing on a team or as an individual against them in college sports. Sports have inspired many women to cast bold visions and dreams of what they want to achieve. The legacy of women’s sports will be safeguarded for generations to come. Women in Texas can be assured that the integrity of their sports will be protected in our state.”
Opponents of the bill, including the American Civil Liberties Union (ACLU) of Texas called the legislation “unfair, unconstitutional, and just plain cruel.”
“Trans students deserve to participate in the sports they love,” ACLU wrote on Twitter.
Elsewhere, the Texas Freedom Network, a non-partisan, grassroots organization that bills itself as a movement “working toward equality and social justice” called the bill “yet another harmful attack from anti-LGBTQ lawmakers on transgender Texans’ right to be embraced, accepted, and able to thrive — particularly in Texas’ public universities and colleges.”
“This bill would blatantly invalidate trans experiences by forcing trans college athletes to compete on teams that do not align with their gender identity,” Texas Freedom Network Vice President of Programs Marti Bier said in a statement.
“Just like their fellow athletes, trans athletes vary in ability and body type — factors such as physical training, conditioning, dedication, and experience determine athletic performance more than anything else. Texas’ talented student-athletes deserve the freedom to bring their full selves to the field and court,” Bier added.
Texas Sues Biden Administration
Abbott signed the latest bill shortly after signing into law legislation that restricts gender transitioning procedures and treatments, including puberty blockers and hormone replacement therapy, for minors in the state, as well as the use of public funds or assistance for such procedures.On Wednesday, the Texas Attorney General’s office filed a lawsuit against the Biden administration over its attempts to change Title IX, a federal statute that prohibits discrimination “on the basis of sex” in educational institutions.
The lawsuit challenges what the state says is the administration’s “unlawful interpretation” of Title IX applying to LGBT students, noting that the state in 2021 passed a law banning transgender children in K–12 public schools from playing on sports teams that are not aligned with their biological gender.
The Biden administration’s interpretation of Title IX protections would force all K–12 schools, colleges, and universities in Texas to abide by the new rules or risk losing out on federal education funding, the lawsuit states.
“Texas is challenging this blatant attempt to misuse federal regulatory power to force K–12 schools, colleges, and universities in our state to accept and implement ’transgender' ideology—in violation of state law—by misusing the Title IX statute to threaten the withholding of federal education funds,” Attorney General Ken Paxton’s office said.
“The Administration’s unlawful guidance could put at risk over $6 billion in federal funding that supports Texas K–12 and higher education institutions,” it added.
The latest lawsuit marks the 50th filed by Texas against the Biden administration.