Both bills Now in the House and Await a Hearing Date.
KANSAS – Yesterday, the Kansas Senate passed Senate Bill 484, a bill that would prevent transgender students from participating in school sports consistent with their gender identity, from the elementary to university level. The Kansas Senate passed Senate Bill 208, another anti-trans sports ban, last week. Both bills are now in the House and await a hearing date.
Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb both vetoed similar bills in their states this week, rejecting discriminatory anti-transgender sports bans approved by their state legislatures. Kansas Gov. Laura Kelly vetoed Senate Bill 55, a bill nearly identical to SB 484 and SB 208, after legislators passed it last year. These types of bills and the incendiary, hurtful language surrounding them have a detrimental impact on Kansas’s vulnerable LGBTQ+ population that is already three times as likely to experience depression and nearly twice as likely to experience anxiety as non-LGBTQ+ Kansans.
Human Rights Campaign State Legislative Director and Senior Counsel Cathryn Oakley released the following statement in reaction to the Kansas Senate passing SB 484 and SB 208:
“Transgender students are kids – kids who, like their classmates, deserve the opportunity to experience the benefits of participating in school sports. SB 484 and SB 208 are regressive and damaging legislation that hurt vulnerable youth and don’t address an actual problem. There’s a reason Governor Kelly vetoed this same legislation last year: it is a crass political ploy by lawmakers looking to satisfy national anti-LGBTQ+ forces at the expense of the well-being of Kansas’s transgender youth.
In states around the country, transgender children have been playing sports consistent with their gender identity for years without issue. They are kids who deserve to be able to have fun with their friends, exercise, and learn how to be part of a team. We call on the Kansas House to refuse to engage with this conversation, which is predicated upon misunderstanding, disapproval of, and discrimination against transgender youth. These kids are just kids, and they should be allowed to play.”
The latest PRRI data show that support for LGBTQ+ rights is on the rise in Kansas and nationwide: 77% of Kansans support nondiscrimination protections, and 57% of Kansans oppose refusal of service on religious grounds. Approximately eight in ten Americans (79%) favor laws that would protect LGBTQ+ people against discrimination in jobs, public accommodations, and housing. This reflects an 11% increase in the proportion of Americans who support nondiscrimination protections since 2015 (71%).
A record number of anti-transgender bills were filed in 2021, largely focused on denying transgender youth the ability to receive gender-affirming care and participate in school athletics programs. Even more anti-transgender legislation is on track to be filed in 2022. There are more than 320 anti-LGBTQ+ bills under consideration in state legislatures across the country. Of those, at least 130 directly target transgender people and approximately half of those (70+ bills) would ban trans youth from participating in school sports consistent with their gender identity.
Caught in the crosshairs of anti-LGBTQ+ elected officials’ divisive political strategy are kids who are simply trying to navigate their adolescence. Transgender youth, like all youth, gain benefits from participating in school athletics: leadership opportunities, better physical and mental health outcomes, self-discipline, self-confidence, teamwork, and, of course, fun – and they shouldn’t be prevented from participating in school athletics because of who they are.
Even when anti-transgender legislation does not become law, politicians are culpable for the harm they cause to LGBTQ+ people’s wellbeing simply by being subjected to continual legislative attacks on their dignity and humanity. As we saw last month, there are real consequences to the discrimination perpetrated upon LGBTQ+ people, and particuarly transgender youth.
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 at least 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
Almost 200 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. And more than 60 major companies joined HRC to urge Texas Governor Abbott & elected officials across the country to abandon anti-transgender efforts.
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 enactedanti-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.”
The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer people. HRC envisions a world where LGBTQ+ people are embraced as full members of society at home, at work and in every community.
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