BREAKING: North Dakota Senate Sends Anti-Transgender Sports Bill To Gov. Burgum’s Desk

by Wyatt Ronan •

NORTH DAKOTA — Today, the North Dakota Senate passed House Bill 1298, an anti-LGBTQ bill that would ban transgender girls from participating in school sports consistent with their gender identity. The bill now heads to Governor Doug Burgum’s desk for signature or veto. The legislative fight to pass discriminatory anti-transgender legislation has been fast and furious, led by national groups aiming to stymie LGBTQ progress made on the national level and in many states. There are so far 2 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 93 directly target transgender people and about half of those would, like HB 1298, ban transgender girls from participating in sports consistent with their gender identity. Legislators across the country have failed to provide examples of issues in their states to attempt to justify these attacks, laying bare the reality that these are attacks on transgender youth that are fueled by discrimination and not supported by fact. Collegiate and professional sports organizations have had trans-inclusive policies for years without incident, and there is no reason North Dakota needs a ban on transgender participation in sports. Human Rights Campaign President Alphonso David issued the following statement in reaction:

By sending this dangerous and discriminatory anti-transgender sports ban bill to Governor Burgum’s desk, North Dakota legislators have targeted a group of students who already face high levels of discrimination. Governor Noem of South Dakota and Governor Cox of Utah have both expressed fears about the implications these kinds of bills would have in their state, and North Dakotans should have similar concerns about the economic harm and endless litigation that could stem from passing this bill. Legislators have yet to cite any examples of the problem they claim to be legislating because they simply don’t exist. Instead this legislation is driven by fear rather than facts, science, or medical expertise. Transgender kids are kids, and denying them the opportunity to participate is dangerous and harmful. Targeting them rather than focusing on addressing COVID-19 and its economic impacts does not help solve the real issues North Dakota faces. Instead, it welcomes scrutiny and potential harm to the state. The governor should veto this discriminatory bill.

Alphonso David, Human Rights Campaign President

Wide range of businesses and advocacy groups oppose anti-trans legislation

  • Earlier this month, more than 65 major U.S. corporations stood up and spoke out to oppose anti-transgender legislation being proposed in states across the country. New companies like Facebook, Pfizer, Altria, Peloton, and Dell join companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Google, Hilton, IBM, IKEA, Microsoft, Nike, Paypal, Uber, and Verizon in objecting to these bills.
  • The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1000 child welfare organizations released an open letter calling for lawmakers in states across the country to oppose dozens of bills that target LGBTQ people, and transgender children in particular.

The NCAA opposes efforts to limit participation of transgender students

The NCAA Board of Governors released a public letter making it clear that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports.” Moreover, “When determining where championships are held, NCAA policy directs that only locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination should be selected.” This puts the 30 states with discriminatory, anti-trans legislation under consideration on notice that their actions will have repercussions for their states.

A fight driven by national anti-LGBTQ groups, not local legislators or public concern

These bills come from the same forces that drove previous anti-equality fights by pushing copycat bills across state houses — dangerous, anti-LGBTQ organizations like the Heritage Foundation, Alliance Defending Freedom (designated by Southern Poverty Law Center as a hate group), and Eagle Forum among others.

  • For example, Montana’s HB 112, the first anti-transgender sports bill to be passed through a legislative chamber in any state, was worked on by the Alliance Defending Freedom.

Trans equality is popular: Anti-transgender legislation is a low priority, even among Trump voters

In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group last fall:

  • At least 60% of Trump voters across each of the 10 swing states say transgender people should be able to live freely and openly.
  • At least 87% of respondents across each of the 10 swing states say transgender people should have equal access to medical care, with many states breaking 90% support
  • When respondents were asked about how they prioritized the importance of banning transgender people from participating in sports as compared to other policy issues, the issue came in dead last, with between 1% and 3% prioritizing the issue.

Another more recent poll conducted by the Human Rights Campaign & Hart Research Group revealed that, with respect to transgender youth participation in sports, the public’s strong inclination is on the side of fairness and equality for transgender student athletes. 73% of voters agree that “sports are important in young people’s lives. Young transgender people should be allowed opportunities to participate in a way that is safe and comfortable for them.”

States that pass anti-transgender legislation suffer economic, legal, reputational harm

Analyses conducted in the aftermath of previous divisive anti-transgender bills across the country, like the bathroom bills introduced in Texas and North Carolina and an anti-transgender sports ban in Idaho, show that there would be or has been devastating fallout.

  • The Idaho anti-transgender sports bill that passed was swiftly suspended by a federal district court. The National Collegiate Athletic Association (NCAA) came out against the Idaho bill and others like it and subsequently moved planned tournament games out of Idaho.
  • The Associated Press projected that the North Carolina bathroom bill could have cost the state $3.76 billion over 10 years.
  • During a fight over an anti-transgender bathroom bill in 2017, the Texas Association of Business estimated $8.5 billion in economic losses, risking 185,000 jobs in the process due to National Collegiate Athletic Association (NCAA) and professional sporting event cancellations, a ban on taxpayer funded travel to those states, cancellation of movie productions, and businesses moving projects out of state.

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Topics:
Transgender