W.Va. Senate Education Committee Rewrites House’s Transgender Athlete Bill

A bill restricting transgender student athletes has cleared the Senate Education Committee — but not without some big changes from the House’s version.

HB 3293, as it came over from the House, would have required students to provide a birth certificate or complete a physical exam with a physician to participate in any single-sex sport, like track or basketball.

The intent was to require students who identify as transgender to compete on teams that match their biological sex.

While the Senate Education Committee agreed to advance the bill, their strike-and-insert version no longer bars transgender athletes from participating in sports by requiring these things.

Instead, the bill now focuses on “equal athletic opportunities for biological females.” The measure would allow any student athlete or school to sue if there is a suspected transgender athlete on a single-sex team.

For example, if a biological female student loses a championship game to a student who identifies as a transgender woman, or someone who was born male, the student could bring an action against a county board of education or state higher education institution citing an unfair, physical advantage.

That student would be able to “seek injunctive relief and actual damages, as well as reasonable attorney’s fee and court costs, if the student substantially prevails.”

If the defendant student is a minor, however, the identity of that student would remain private and anonymous.

The bill would apply to middle, high school and public university sports.

The bill passed out of committee Thursday night and will be on first reading in the Senate on Monday.

W.Va. House Passes Bill Placing Restrictions On Transgender Athletes In Middle, High School

The West Virginia House of Delegates advanced HB 3293 on Thursday, which requires that a middle or high school student’s birth certificate be the determining factor of a student’s gender when it comes to playing secondary sports like basketball or track.

The measure would prohibit transgender students from competing on “single-sex” sports teams. For example, under the bill, a person who was born male but identifies as female would not be permitted to play on a girl’s high school basketball team.

The bill further requires that if a birth certificate is not available, a student must obtain a physician’s note indicating the student’s sex based “solely on the pupil’s unaltered internal and external reproductive anatomy.” The legislation would not affect current co-ed athletic opportunities.

The House debated the measure for more than an hour. Supporters argued it would keep secondary sports fair and safe, such as for girls who might compete against transgender girls — meaning girls who were born male. Opponents said the bill is discriminatory and further alientates transgender young people.

The bill passed 78-20 with Vice Chair of House Education Del. Joshua Higginbotham, R-Putnam, voting alongside Democrats to reject the bill.

Three Democrats joined Republicans, including Del. Brent Boggs, D-Braxton, Del. Nathan Brown, D-Mingo, and Del. Mick Bates, D-Raleigh.

The bill now heads to the Senate for consideration.

West Virginia is one of more than two dozen states in the nation that have proposed similar legislation this year.

Transgender Athlete Bill Passes Its Second Committee, Heads To W.Va. House Floor

A bill placing restrictions on transgender athletes in middle and high school in West Virginia is on the fast track in the House of Delegates.

The House Judiciary Committee passed HB 3293 late Friday afternoon. It was passed out of its originating committee just two days earlier.

The bill requires that a student’s birth certificate be the determining factor of that youth’s gender when it comes to playing secondary sports such as basketball and track.

The bill further requires that if a birth certificate is not available, a student must obtain a physician’s note indicating the student’s sex based “solely on the pupil’s unaltered internal and external reproductive anatomy.”

The bill would not affect current co-ed secondary school athletic opportunities.

West Virginia is one of at least 35 states where state lawmakers have introduced similar legislation this year to place restrictions on transgender athletes.

HB 3293 passed 16-5 and could be up for passage in the full House sometime next week.

Bill Placing Restrictions On Transgender Student Athletes Passes W.Va. House Education Committee

A bill requiring student athletes in middle and high school to play sports under the gender assigned to them at birth is starting to move in the West Virginia House of Delegates.

The House Education Committee passed a bill Tuesday afternoon that would prohibit transgender students from competing on “single-sex” sports teams that match their gender identity. For example, under the bill, a person who was born female but identifies as male would not be allowed to play on a boy’s high school basketball team.

The bill requires that a student’s birth certificate is the determining factor of that child’s gender when it comes to playing secondary sports. The bill further requires that if a birth certificate is not available, a student must obtain a physician’s note indicating the student’s sex based “solely on the pupil’s unaltered internal and external reproductive anatomy.”

The bill would not affect current co-ed secondary school athletic opportunities.

Several Democrats expressed concerns about discrimination and concerns about the physical examination, including Del. Cody Thompson, D-Randolph. Thompson is openly gay and a teacher.

“If [the physical exam] is for a medical reason, I totally understand it and get it, but just to prove their gender, I don’t think that’s right,” Thompson said. “I don’t think any of us want our children subjected to that.”

No delegates spoke in favor of the bill. It was not immediately clear following the vote whether the bill had been double-referenced to a second committee or sent directly to the full chamber.

West Virginia is now one of several states where Republican-led legislatures have introduced similar legislation this year to place restrictions on transgender athletes.

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