A South Dakota legislative committee has approved a bill championed by Gov. Kristi Noem to ban transgender women and girls from participating in school sports leagues that match their gender identity.
“As a parent, I don’t really care if she becomes an elite athlete, but I want her to have the experiences of being on a team,” said Jennifer Phalen of her transgender daughter who aspires to participate in school gymnastics.
But lawmakers have used as ammunition the Pennsylvania case of a 22-year-old transgender woman who has had a dominant year swimming for the University of Pennsylvania, as proof that trans athletes possess an unfair advantage over their competition. Groups representing public schools said politicians are forcing them to choose between violating state law or federal policy. The Associated School Boards warned that schools could lose federal funds if an investigation from the U.S. Department of Health and Human Services found them to have violated students' rights.
Noem last year shied away from signing a similar bill, issuing a “style and form veto” and arguing that it was flawed because it put the state at risk of litigation and retribution from the NCAA. Noem warming to the issue shows the growing clout of social conservatives in the GOP and their ability to cajole politicians into supporting legislation that discriminates against LGBTQ people.
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