TOPEKA — Kansas senators renewed a debate Monday over legislation to ban transgender athletes from participating in women’s sports, advancing the bill to a final vote despite pushback over what some considered discriminatory policy.
Senate Bill 484 would apply to any Kansas children in sports, theoretically applying to elementary or middle school students in addition to high school. It would also open the door for student-athletes who feel wronged due to a violation of the act to file a lawsuit to recoup damages and attorney fees.
The measure has been dubbed the Fairness in Women’s Sports Act by proponents who say it is a necessary protection for girls against unfair advantages for transgender athletes who they argue have clear biological advantages.
But opponents and even some who said they would support the underlying bill said it looked more like an attempt to push a group of people out than to safeguard the rights of women.
Senate Minority Leader Dinah Sykes, D-Lenexa, noted a study often cited by proponents to show biological advantages says it’s findings should not be used to set guidelines. Instead, study authors suggested any determinations should be left up to each sports federation or association.
“The assumption that a transgender woman and girl will have certain physical attributes or inherent advantage over other athletes is incorrect and dangerous,” Sykes said. “What’s more dangerous is we know the mental and the likelihood for suicidal ideation. Sports give a sense of belonging; they teach you how to work with people different from you.”
However, Senate President Ty Masterson, R-Andover, said the counterpoints to the bill were all a big distraction.
“The advantage person is the transgendered woman. The disadvantaged is the actual natural woman who’s displaced,” Masterson. “The fact that you don’t allow unfair competition says nothing about the intrinsic value of that person.”
An identical bill cleared the Legislature last year before Gov. Laura Kelly vetoed the bill. Lawmakers attempted to override the veto but fell short. It is expected that Kelly would also veto this legislation should it pass, and it is unclear if legislators have the two-thirds majority needed to override.
The Kansas Senate will vote on this year’s iteration of the bill Tuesday. Last year, Republican senators came one vote shy of overturning the veto.