by Delphine Luneau •
Senate Bill 435 Would Discriminate Against Transgender Georgians, Prevent Them From Participating in Sports Alongside Their Peers
ATLANTA — The Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization — condemned the passage today by the Georgia Senate of legislation that seeks to ban transgender athletes from playing on teams aligning with their gender identity. The proposal, Senate Bill 435, applies to school-sponsored sports teams and would allow lawsuits to be filed against schools or school districts that don’t impose such discriminatory restrictions.
Human Rights Campaign State Legislative Director and Senior Counsel Cathryn Oakley issued the following statement in reaction to today’s vote:
“These unfettered discriminatory bills continue to run rampant throughout the South, inflicting great harm to one of our most vulnerable populations – transgender kids. Student athletes get many benefits from school sports, including camaraderie with their teammates and life skills such as self-discipline, goal setting and leadership. Transgender students have played sports consistent with their gender identity in many states across the country, in some cases for decades, and there simply have not been problems. Further, there is no evidence that the participation of trans athletes in school-sponsored sports in Georgia has been problematic. This unwarranted bill should advance no further in the legislative process.”
Alex Ames (any pronouns), Georgia Youth Justice Coalition Organizing Director and Georgia student, issued the following statement:
“Students of all backgrounds skipped work and class last week to hear politicians in one room claim that banning Black history was necessary to supposedly ensure all children could feel comfortable in schools. Just down the hall, those same politicians endorsed state-mandated discrimination against some of our most vulnerable children. Young Georgians see through this hypocrisy. Trans children and all children deserve validation and acceptance in our schools – when politicians target us for our identities, lives are lost. How many more trans siblings must we lose before elected leaders decide to live up to their promise of caring for every child?”
Caught in the crosshairs of anti-LGBTQ+ elected officials’ divisive political strategy are kids who are simply trying to navigate their adolescence — kids who face relentless targeting and increased levels of discrimination in their community, as evidenced by the record incidents of fatal violence against transgender and gender non-binary people in 2021.
Anti-Transgender Attacks As A Political Talking Point
Legislators in a record 34 states introduced 147 anti-transgender bills in 2021, focusing on discriminatory anti-equality measures to drive a wedge between their constituents and score short-term political points. In 2021, legislators in twelve states enacted anti-LGBTQ+ bills despite failing to provide examples of what exactly they were legislating against.
Merely introducing anti-transgender bills and peddling anti-transgender rhetoric has already had a damaging impact, leading to LGBTQ+ youth resources being surreptitiously removed from a government website, 11-year old kids literally having trouble sleeping, and a school district banning graphic novels with a transgender character after a parent's complaint. 2021 and 2020 were the deadliest and second deadliest years on record for trans & gender non-conforming people respectively, with the Human Rights Campaign tracking more than 50 violent deaths in 2021 alone. A new Trevor Project survey shows that a startling 85% of transgender or gender non-binary youth say their mental health has been negatively affected by these legislative attacks.
Anti-transgender content on social media is also a radicalizing issue all by itself. This is in large part because transgender young people are among the most marginalized, voiceless, and defenseless communities in America, and because right-wing arguments play on long-standing mysoginistic, racist, and sexist tropes about gender roles.
Anti-Equality Forces Are Spending Big
These bills are the result of a concerted effort by right-wing organizations that have been battling against LGBTQ+ progress for years. Across recent elections, one of the key anti-equality groups working to turn back decades of LGBTQ+ progress has been the American Principles Project (APP). APP and its chief underwriter Sam Fieler have invested millions of dollars in support of anti-LGBTQ+ candidates. In 2020, APP spent more than $2.6 million in ad spending in support of anti-equality candidates. In Virginia in 2021, APP spent at least $300,000 on digital advertising in support of Glenn Youngkin’s gubernatorial campaign.
Restoration PAC, run and funded by major anti-LGBTQ+ bankroller Dick Uihlein, spent at least $1.9 million in advertising across Virginia in support of Youngkin and donated $942,000 to the political arm of anti-abortion group Women Speak Out Virginia. Anti-equality group Free to Learn Action launched a $1 million ad campaign spreading widely debunked anti-transgender misinformation in support of Youngkin’s campaign.
Businesses, Advocacy Groups, and Athletes Oppose Anti-Trans Legislation
More than 150 major U.S. corporations have stood up and spoken out to oppose anti-transgender legislation being proposed in states across the country. Companies like Amazon, American Airlines, Apple, AT&T, AirBnB, Dell, Dow, Google, IBM, Lyft, Marriott, Microsoft, Nike, and Paypal have objected to these bills. Four of the largest U.S. food companies also condemned “dangerous, discriminatory legislation that serves as an attack on LGBTQ+ individuals, particularly transgender and nonbinary people,” and the Walton Family Foundation issued a statement expressing “alarm” at the trend of anti-transgender legislation that recently became law in Arkansas.
Many are rightly protective of the legacy of women’s sports in this country, and a robust Title IX is central to that legacy. Importantly, advocates for women and girls in sports – such as the National Women’s Law Center, the Women’s Sports Foundation, Women Leaders in College Sports, and others – support trans-inclusive policies and oppose efforts to exclude transgender students from participating in sports. So do prominent female athletes including Billie Jean King, Megan Rapinoe, and Cheryl Reeve. That’s because while there are real issues facing women’s sports, including a lack of resources devoted to supporting them, transgender participation in athletics is not one of them.
The nation’s leading child health and welfare groups representing more than 7 million youth-serving professionals and more than 1,000 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.
Nearly 550 college athletes have stood up to anti-transgender legislation by demanding the NCAA pull championships from states that have enacted anti-trans sports laws.
Trans Equality Is Popular Across All Demographics
The reality is that however sensational and polarizing this issue may seem, public opinion polling across the country show strong support for trans-inclusive and pro-equality policies:
Recent PRRI data shows a large majority of Americans (82%) favor laws that protect LGBTQ+ people from discrimination in jobs, public accommodations, and housing, and majorities of Republicans (67%), independents (85%), and Democrats (92%) favor nondiscrimination protections for LGBTQ+ Americans.
A PBS/NPR/Marist poll states that 67% of Americans, including 66% of Republicans, oppose the anti-transgender sports ban legislation proliferating across 30 states.
In a 10-swing-state poll conducted by the Human Rights Campaign & Hart Research Group in 2020 showed:
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 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.”
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