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NCAA warns state lawmakers against limiting transgender sports participation

Chuck Lindell
Austin American-Statesman

In a statement supporting the inclusion of transgender athletes in sports, the NCAA Board of Governors warned state lawmakers Monday that actions to the contrary could result in the loss of championship games and events.

All student-athletes are expected to be treated with dignity and respect, the board said.

"Inclusion and fairness can coexist for all student-athletes, including transgender athletes, at all levels of sport," the Board of Governors said. "We are committed to ensuring that NCAA championships are open for all who earn the right to compete in them."

Texas is among 30 states weighing bills to ban transgender girls from participating in sports consistent with their gender identity, with governors in Mississippi, Arkansas and Tennessee signing such bills into law, according to the Human Rights Campaign, an LGBT rights organization tracking the legislation.

The Texas Senate could vote as early as this week on Senate Bill 29, which would block transgender athletes from participating in grade school and high school sports outside of their "biological sex."

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SB 29 was designated as a priority by Lt. Gov. Dan Patrick, a Republican, and has 16 GOP senators as co-authors. After a Capitol hearing on SB 29 in which opponents, including many parents of transgender children, outnumbered supporters 4-to-1, the Senate State Affairs Committee advanced the bill on a party-line 5-2 vote with Republicans in favor and Democrats opposed.

The Texas House has taken no action on similar legislation, House Bill 4042, filed by Rep. Cole Hefner, R-Mount Pleasant.

Supporters of the transgender athlete bills argue that passage will protect competition and ensure fairness in girls sports, where they say transgender girls can have a physical advantage.

"Female athletes deserve their place in the record books for all of their hard work and dedication. We should not take that away from them," said Sen. Charles Perry, R-Lubbock, author of SB 29.

Opponents of SB 29 say it and similar efforts are an attack on the humanity of transgender people, further stigmatizing them while denying access to the benefits of sports participation, including camaraderie, sportsmanship, discipline, health, leadership and team building.

The NCAA held the 2021 women's basketball Final Four at the Alamodome in San Antonio, Texas.

In its statement, the NCAA Board of Governors said it "firmly and unequivocally" supports giving transgender student-athletes the opportunity to compete in college sports.

"The NCAA has a long-standing policy that provides a more inclusive path for transgender participation in college sports. Our approach — which requires testosterone suppression treatment for transgender women to compete in women’s sports — embraces the evolving science on this issue," the board said.

The NCAA requires that championships be held only where "hosts can commit to providing an environment that is safe, healthy and free of discrimination," the board said, adding that members will "closely monitor" the states to determine whether championships can be welcoming and respectful of all participants.

Championship events can bring a multimillion-dollar boost to a state and local economy.

Asked if Texas risked the loss of NCAA events if SB 29 were signed into law, board spokeswoman Michelle Brutlag Hosick said: "The most important thing to note right now is that the NCAA Board of Governors has not made a decision regarding championships and will continue to monitor the situation."

The board statement came less than two weeks after NCAA President Mark Emmert expressed similar concern over the transgender athlete bills, calling such legislation harmful to transgender students and contrary to the organization's core values of inclusivity, respect and equal treatment.

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