While Michigan high school sports officials have not reversed their policy allowing transgender girls to participate in female youth sports, proposed state legislation would force K-12 schools to make that change.
The bill introduced last week by House Republicans would prohibit transgender girls from competing in female divisions and allow students to sue school districts if they were “harmed due to a violation of the policy.”
State Rep. Jason Woolford, R-Howell, put the bill forward after he says the Michigan High School Athletic Association “defied” a recent executive order by President Donald Trump aimed at banning transgender women from female sports across all educational levels.
MHSAA hasn’t reversed its policy on transgender athlete participation, citing potential legal conflicts between Trump’s executive order and Michigan’s Elliott-Larsen Civil Rights Act. That state law protects against discrimination based on gender identity and other protected categories.
MHSAA spokesperson Geoff Kimmerly told MLive on Tuesday, Feb. 18, that his organization was “still waiting on clarification” about this potential legal discrepancy and had no further comment.
Trump’s executive order dubbed “Keeping Men Out of Women’s Sports” was signed Feb. 5 and calls for rescinding all federal funds from educational programs that allow transgender women to compete in female sports across all educational levels.
Legal challenges have been filed against the executive order, according to the Associated Press.
The U.S. Department of Education is already launching investigations into schools and organizations that don’t follow the executive order and the department’s rules based on that order.
According to CBS News, the Department of Education last week announced an investigation into the Minnesota State High School League for continuing to allow transgender girls to compete in girls’ sports divisions despite Trump’s order.
Like the MHSAA, high school sports officials in Minnesota said they’re continuing to review existing state laws, like Minnesota’s prohibition on discrimination based on gender identity, and the executive order, CBS News reported.
The Michigan Attorney General’s Office did not immediately return a request for comment.
“The executive order that President Trump signed on National Girls and Women in Sports Day (Feb. 5) received an immense outpouring of support from women and girls of all ages, and the MHSAA’s defiance of this commonsense policy only continues to perpetuate the madness of this radical transgender ideology that endangers female athletes,” Woolford said.
“From the White House to here in the Statehouse, Republicans are working to protect women and girls from the absurd cultural messaging that has promoted abdication and accommodation on this front.”
MHSAA policy requires a waiver for transgender girls to play on a girls’ sports team. Those waivers are provided each season and two were granted last fall to two transgender girls, Kimmerly said.
There are about 175,000 high school athletes across MHSAA member schools.
No transgender girls are playing on girls’ teams this winter, and the organization so far received no waiver applications for spring sports. Waivers aren’t required to compete on boys’ teams.
MHSAA receives no government funding and schools do not pay membership dues to belong to the MHSAA. The majority of the nonprofit’s revenue comes from ticket sales at MHSAA tournaments.
Related: How will Trump’s gender order affect Michigan’s transgender, nonbinary students?
The bill put forward last week by House Republicans hasn’t yet had a hearing in the House.
It proposes to amend the state’s revised school code to direct school districts to separate youth sports participants into female and male sports divisions based on sex assigned at birth.
Woolford says the bill “expressly prohibits male students from participating in female sports divisions.”
Students would be able to sue a school district if they suffered harm or were deprived of athletic opportunities by that district’s failure to follow the proposed rules.
The state government would also be forbidden from investigating or charging a school that enforces the new rules.
“With their flagrantly unlawful action, the MHSAA continues to insist upon disrespecting female athletes and putting them in dangerous environments,” Woolford said. “The State of Michigan must respond to this outrageous behavior. I am hopeful that my colleagues in the legislature will join me in working to protect our state’s women and girls.”
The proposed legislation comes after Republican lawmakers in the Michigan House last month put forward two other bills targeting transgender students in the state.
Related: Michigan Republicans propose bathroom, sports restrictions for transgender students
The first bill would ban transgender students from using shared restrooms used by the “opposite biological sex.”
The other bill wouldn’t restrict which team a transgender athlete could play on, but would require their scores to be recorded based on their sex assigned at birth.
Neither bill has had a vote in the House.
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