COULD MAKE BROAD BANS ON

COMPETITION BY TRANSGENDER

ATHLETES ILLEGAL, BUT IT DOES

ALLOW EXCEPTIONS IN PARTICULAR

CASES.

WILLIAM BRANGHAM HAS THE

DETAILS.

WILLIAM: AMNA, THE PROPOSAL

WOULD MEAN ANY BLANKET POLICY

PROHIBITING TRANSGENDER ATHLETES

FROM COMPETING WOULD VIOLATE

TITLE IX.

THAT IS THE LAW THAT PROHIBITS

SEX-BASED DISCRIMINATION BY

SCHOOLS THAT RECEIVE GOVERNMENT

FUNDING.

THIS COMES AS 20 STATES HAVE

ALREADY PASSED SOME FORM OF BAN

ON TRANS STUDENT ATHLETES.

KANSAS IS THE LATEST STATE TO DO

SO.

ON WEDNESDAY, REPUBLICAN

LEGISLATORS OVERRODE A VETO FROM

DEMOCRATIC GOVERNOR LAURA KELLY,

PASSING A BILL THAT WOULD

RESTRICT TRANSGENDER STUDENTS

FROM WOMEN AND GIRLS SPORTS FROM

KINDERGARTEN THROUGH COLLEGE.

FOR MORE ON THE PROPOSED RULE, I

AM JOINED BY ORION RUMMLER, HE

COVERS LGBTQ+ ISSUES FOR THE

19TH NEWS.

IT IS SO GOOD TO HAVE YOU ON THE

NEWSHOUR.

CAN YOU EXPLAIN WHAT THE BIDEN

ADMINISTRATION'S PROPOSAL WOULD

MEAN FOR SCHOOLS?

ORION: THANK YOU.

SO, THE PROPOSED RULE THAT CAME

DOWN YESTERDAY, WHICH IS WHAT WE

HAVE BEEN WAITING FOR SINCE JULY

OF 2022, IT WOULD ALLOW SCHOOLS,

ESPECIALLY HIGH SCHOOLS AND

COLLEGES, TO KEEP TRANSIT

STUDENTS OUT OF SPORTS TEAMS

THAT MATCH THEIR GENDER IDENTITY

IF THE SCHOOL FOLLOWS GUIDELINES

AT THE AGENCY GOES INTO LENGTH

ABOUT.

THE HIGHLIGHTS SCHOOLS WOULD

HAVE TO FOLLOW INCLUDES A

MINIMIZING HARM FOR TRANS

STUDENTS.

THE SCHOOL CANNOT BE MAKING

BLANKET ASSUMPTIONS ABOUT

TRANSIT STUDENTS, ESPECIALLY

GIRLS, THEIR PHYSICAL ABILITIES.

AND THIS GOAL HAS TO BE ABLE TO

PROVE THAT THE EXCLUSION IS PART

OF A GENUINE EDUCATIONAL

MANDATE, WHICH THEY LIST ONE OF

WHICH WOULD BE FAIRNESS IN

COMPETITION.

ALTHOUGH THE EDUCATION

DEPARTMENT SAID CLEARLY

YESTERDAY, THAT THESE BLANKET

BANS, LIKE WE SAW IN KANSAS,

THESE VIOLATE TITLE IX UNDER THE

PROPOSAL, BUT IT ALLOWS FOR

EXCLUSIONS.

WILLIAM: SUDDENLY ALL THE STATES

THAT HAVE PASSED BLANKET BANS,

THEY COULD BE ILLEGAL NOW UNDER

THE PROPOSAL.

WHAT HAPPENS NOW?

ORION: I ASKED ABOUT THIS

YESTERDAY WHEN THEY HAD A

BACKGROUND BRIEFING WITH

REPORTERS, AND THOSE STATES THAT

YOU MENTIONED, SEVERAL OF THE 20

STATES, THOSE LAWS HAVE BEEN

STALLED IN COURT.

BUT THE EDUCATION DEPARTMENT

WOULD INVESTIGATE, AND IT WOULD

TALK TO SCHOOLS.

IT WOULD SEEK COMPLIANCE FROM

THAT SCHOOL.

USUALLY, WHEN THE AGENCY DOES

THAT A SCHOOL DOES COMPLY.

BUT IF NOT, THE EDUCATION

DEPARTMENT IS ABLE TO WITHHOLD

FEDERAL FUNDING, SO THAT IS WHAT

ENFORCEMENT LOOKS LIKE WHEN A

SCHOOL OR STATE HAS A BLANKET

BAN IN EFFECT AND THEY ARE NOT

COMPLYING WITH THE PROPOSAL, IT

WOULD BE FEDERAL FUNDING

WITHHELD.

WILLIAM: WHAT HAS BEEN THE

REACTION IN THE TRANSGENDER

COMMUNITY?

I UNDERSTAND THERE HAS BEEN A

MIXED RESPONSE.

ORION: A FEW ORGANIZATIONS

APPLAUDED THE DECISION, FULL

STOP, INCLUDING THE NATIONAL

CENTER FOR LESBIAN RIGHTS.

BUT THEN WE SAW LAND OF LEGAL,

ANOTHER ORGANIZATION, THEY WERE

MORE CAUTIOUS.

THEY SAID THIS PROPOSAL IS A

GOOD THING BECAUSE IT SAYS 100%

OF THESE BANS ARE ILLEGAL, BUT

THEY ARE NOT SURE THIS PROPOSAL

WOULD END DISCRIMINATION FOR

TRANS STUDENTS.

IT WE HAVE SEEN FROM EXPERTS

RESEARCHING LGBTQ LEGISLATION

CLOSELY, THEY SAY THAT THIS

PROPOSAL IS A BETRAYAL OF

PRESIDENT BIDEN'S PROMISED TO

HAVE THE BACKS OF TRANS STUDENTS

.

BECAUSE IT ALLOWS EXCLUSIONS,

ESPECIALLY FOR COMPETITIVE

SPORTS IN HIGH SCHOOLS AND

COLLEGES.

WILLIAM: I WANT TO GET INTO

THOSE ARGUMENTS HIGHLIGHTED

RECENTLY IN THE KANSAS

LEGISLATURE, WHICH PASSED A

BLANKET BAN.

I WANT TO PLAY CLIPS THAT HAVE

PEOPLE AGAINST IT AND IN FAVOR

OF IT.

FIRST OFF, THIS IS THE KANSAS

ACLU.

>> PROPONENTS HAVE SAID IT IS

ABOUT FAIRNESS, ALLEGING IT WILL

PROTECT CISGENDER GIRLS FROM

LOSING OUT ON SCHOLARSHIPS, BUT

IN THE THREE YEARS SINCE IT WAS

FIRST INTRODUCED, THERE HAS BEEN

NO EVIDENCE OF TRANS ATHLETES

CAUSING HARM IN KANSAS SPORTS.

BUT THERE IS CLEAR EVIDENCE THAT

THIS BILL CAUSES HARM TO TRANS

YOUTH IN OUR STATE AND TO GIRLS

INTO ALL GIRLS WHO PLAY SPORTS.

WILLIAM: THIS IS SOMEBODY IN

FAVOR OF THE BAN.

THIS IS RILEY GAINES. SHE WAS A

HIGHLY RANKED NCAA SWIMMER. SHE

TESTIFIED IN FAVOR AND SHE WAS

TELLING HERE ABOUT WHAT IT WAS

LIKE TO WATCH AND COMPETE

AGAINST TRANSGENDER SWIMMER LEA

THOMAS.

>> WE WATCHED FROM THE SIDE OF

POOL AS THOMAS SWAM TO A

NATIONAL TITLE IN THE 500

FREESTYLE, BEATING OUT THE MOST

IMPRESSIVE AND ACCOMPLISHED

FEMALE SWIMMERS IN THE COUNTRY,

INCLUDING THREE OLYMPIANS AND

AMERICAN RECORD HOLDERS. WHEREAS

PREVIOUSLY IN THE MEN'S

DIVISION, THOMAS RANK 400 AND

-- 462ND AT BEST.

THE NEXT DAY THOMAS AND I RACED

IN THE 200 FREESTYLE, WHICH

ULTIMATELY RESULTED IN A TIE

DOWN TO A 100TH OF A HAVING ONLY

SECOND.

ONE TROPHY THE NCAA GAVE IT TO

THOMAS AND TOLD ME I HAD TO GO

HOME EMPTY HANDED BECAUSE THOMAS

HAD TO HOLD THE TROPHY FOR PHOTO

PURPOSES.

WILLIAM: THAT IS THE ARGUMENT

MADE BY PROPONENTS OF THESE

BANS.

THAT IT IS FUNDAMENTALLY UNFAIR

TO HAVE SOMEONE WHO WENT THROUGH

PUBERTY AS A MALE NOW COMPETING

AGAINST FEMALES IN SPORTS.

THAT IS THEIR ARGUMENT RIGHT?

ORION: MOST, IF NOT ALL OF THE

SPORTS FANS, THEY'LL INCLUDE

SOMETHING LIKE FAIRNESS OR

PROTECTING WOMEN'S SPORTS AND

-- IN THE TITLE OF THE BILL,

BECAUSE A LOT OF THESE BILLS ARE

FOCUSED ON RESTRICTING THE

ABILITY OF TRANS GIRLS AND TRANS

WOMEN TO COMPETE IN SPORTS.

SO THEIR FOCUS IS USUALLY ON

TRANS GIRLS.

AND I SHOULD ALSO POINT OUT AS

PART OF THIS CONVERSATION THAT

IN THE POLICY PROPOSAL WE'RE

TALKING ABOUT THE EDUCATION

DEPARTMENT SAYS CLEARLY, LIKE,

YOU CANNOT MAKE BLANKET

ASSUMPTIONS ABOUT -- YOU CANNOT

SAY THAT ALL TRANS GIRLS ARE

PHYSICALLY SUPERIOR TO CISGENDER

GIRLS IN SPORTS BECAUSE THAT'S A

BLANKET ASSUMPTION.

IT'S ILLEGAL FOR YOU TO DO THAT.

SO AS WE'RE CONSIDERING THE

FAIRNESS ARGUMENT, WHAT THE

EDUCATION DEPARTMENT IS SAYING

IS THAT NO BLANKET ASSUMPTIONS

ABOUT THAT JUST WON'T HOLD UP.

WILLIAM: OK, ORION RUMMLER, 19TH

NEWS.

THANK YOU SO MUCH FOR BEING

HERE.

ORION: THANK YOU, WILLIAM.

♪