Ten women Republican state senators in Pennsylvania have reintroduced what they're calling the "Save Women's Sports Act" which was originally proposed during the 2021-22 legislative session.
According to Politics PA, primary co-sponsors Sen. Judy Ward (R-Blair/Fulton/ Huntingdon/Juniata/Mifflin) and Sen. Kristin Phillips-Hill (R-York) say the bill is aimed at ensuring that "female students compete in high school and college sports on a level playing field."
The legislation would ban transgender women from competing women's sports, relying entirely on sex at the time of birth and not on gender identity.
“It’s imperative that we protect the opportunity for female athletes to compete on the athletic field in a fair and equal manner,” wrote the co-sponsors. “Allowing a biological male to compete on a women’s scholastic athletic team puts all women on the playing field at an automatic disadvantage.”
During the 2021-22 session, the bill passed the state House by a 115-84-1 vote and the state Senate, 30-20, before being vetoed by Democratic governor Tom Wolf.
"This discriminatory legislation would prohibit transgender girls and women from participating on women’s athletic teams or sports,” wrote Wolf in his veto. “Even if enacted, this bill would face legal challenges for violating federal law and constitutional guarantees of equal protection. To the LGBTQ+ community in Pennsylvania and around the country, and especially our transgender and nonbinary youth and young people; I see you, I support you, I respect you, and I stand with you.”
Co-sponsors of the bill argue that maintaining separate, biologically specific teams will ensure opportunities for women athletes, while fulfilling the goals of Title IX.
“Title IX was designed to end discrimination and create equal athletic opportunities for women. Allowing biological males to compete in women’s sports threatens to undo the progress we’ve witnessed since the enactment of Title IX," the co-sponsors wrote. "Athletic competitions give women the opportunity to demonstrate their strength and skill, while also providing opportunities for recognition ranging from accolades to college scholarships. By opening women’s sports to includes males, we take away those opportunities from our women and girls who have worked tirelessly to achieve the equality they deserve."
New Title IX regulations became effective on August 1, stating that “sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. This expanded definition shifts the focus from sexual harassment to sex-based harassment more broadly.”
In addition, the Pennsylvania Human Relations Act require equitable access to sports for transgender, nonbinary, and intersex students.
“Students have the right to participate in school sports activities consistent with their gender identity; to deny students this right is discrimination on the basis of sex and gender identity under Title IX and the PHRA.”
Ward and Phillips-Hill were joined by Sens. Kim Ward (R-Westmoreland), Lisa Baker (R-Luzerne/Pike/Susquehanna/ Wayne/Wyoming), Michele Brooks (R-Crawford/Lawrence/ Mercer), Camera Bartolotta (R-Beaver/Greene/Washington), Tracy Pennycuick (R-Berks/Montgomery), Rosemary Brown (R-Lackawanna/Monroe/Wayne), Lynda Schlegel Culver (R-Columbia/Luzerne/Montour/Northumberland/Snyder), and Dawn Keefer (R-Cumberland/York) as sponsors.
