Scott Wong

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House Republicans pass transgender sports ban for schools

 The Republican-controlled House passed legislation Thursday that would ban transgender women and girls from competing in female school athletics — the latest GOP salvo in the intensifying culture wars over transgender rights in America.

The bill, authored by Rep. Greg Steube, R-Fla., would amend Title IX to bar schools that receive federal funding from allowing people “whose sex is male” to participate in sports designated for women or girls.

The Protection of Women and Girls in Sports Act defines sex as “based solely on a person’s reproductive biology and genetics at birth.”

The bill passed on a 219-203 vote, but it will go nowhere in the Democratic-controlled Senate. The White House has also said President Joe Biden would veto the measure, which “targets people for who they are and therefore is discriminatory,” if it were to make it to his desk.

Steube called on colleagues to support his bill in a floor speech on Wednesday. “Congress in 1972 created Title IX to protect women’s sports, to enable women to have an equal playing field in athletics, and in worship to their trans idols, the [Biden] administration wants to flip that on its head. It’s insane,” Steube said.

UNITED STATES - JANUARY 29: Rep. Greg Steube, R-Fla., attends a House Oversight and Reform Committee business meeting in Rayburn Building on Tuesday, January 29, 2019.
Rep. Greg Steube, R-Fla., authored the bill targeting trans girls in sports.Tom Williams / CQ Roll Call via AP file

“Parents do not want biological men in locker rooms with their daughters, nor do they believe it’s equitable a male can compete with women in female athletics,” he added.

Democrats have accused Republicans of going after transgender people to build their political brand and raise cash from conservative donors. And they argue Steube’s bill would target and make life harder for people who already struggle with bullying, depression and thoughts of suicide.

The bill “makes school sports less fair by singling out and banning transgender women and girls as young as kindergarten from participating on school sports teams with their friends,” said Rep. Mark Takano, D-Calif., a leader of the Equality Caucus, which advocates for LGBTQ rights on Capitol Hill.

“We know transgender students already face widespread bullying and discrimination,” he said Wednesday. “Adding to their pain by targeting their participation in school sports is both wrong and dangerous.”

Advocates fight back as legislators ramp up bans on trans student athletes

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Republicans stepped up their political attacks on transgender athletes after University of Pennsylvania swimmer Lia Thomas, who had competed on the men’s swim team, switched to the women’s team after she came out as a trans woman and became the first transgender woman to win an NCAA swimming championship.

Since then, more than a dozen GOP-led states have enacted bans on transgender athletes. Republicans have also pushed for state laws to restrict gender-affirming care for transgender minors.

The Biden administration weighed in this month by proposing new regulations that would prohibit categorical bans on trans athletes at schools receiving federal funding but allow some restrictions at more elite levels of competition.

The proposal summary says the rules should take into account differences in age, grade and level of competition.

The Education Department “expects that … elementary school students would generally be able to participate on school sports teams consistent with their gender identity where considerations may be different for competitive high school and college teams,” the summary says.

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Senate punts same-sex marriage vote until after midterm elections

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The Senate won’t vote on legislation to protect same-sex marriage until after the midterm elections, key senators said Thursday, apparently in a bid to give Republicans political space to support the bill without offending their base.

The leader of the effort, Sen. Tammy Baldwin, D-Wis., has been working this month on an amendment to the bill aimed at attracting more Republican votes to overcome a filibuster. But the necessary 10 GOP votes have remained elusive.

“We’re very confident that the bill will pass, but we will need a little more time,” Baldwin told reporters Thursday.

Sen. Susan Collins, R-Maine, said Wednesday that the amendment language they were working on would “make it very clear” that the bill wouldn’t “legalize polygamous marriages” or require churches to “perform same-sex marriages.”

People rally in support of marriage equality outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act on March 27, 2013.
People rally in support of marriage equality outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act on March 27, 2013.Chip Somodevilla / Getty Images file

“I think we’re in very good shape, very good shape. And this bill is going to pass,” Collins said Thursday. “I think we managed to thread the needle on the religious liberty concerns.” 

The underlying legislation, which would enshrine federal protections for same-sex marriage, is co-sponsored by Collins and Sen. Rob Portman, R-Ohio, whose son is openly gay. Sen. Thom Tillis, R-N.C., also has said he supports it. 

A version of the legislation cleared the House this summer, with 47 Republicans joining all Democrats in voting yes.

Senate Majority Leader Chuck Schumer, D-N.Y., signaled this week that he wanted to kick-start the floor process Thursday, but his office announced a change of course in the afternoon.

Schumer is “extremely disappointed that there aren’t 10 Republicans in the Senate willing to vote yes on marriage equality legislation at this time,” said his spokesperson, Justin Goodman, and because his “main objective is to pass this important legislation, he will adhere to the bipartisan group of Senators’ request to delay floor action.” Schumer is “100 percent committed to holding a vote on the legislation this year,” Goodman added.

Sen. Tammy Baldwin, D-Wis., at the Capitol on May 05, 2022.
Sen. Tammy Baldwin, D-Wis., at the Capitol on May 5.Anna Moneymaker / Getty Images file

Shortly after a bipartisan huddle in Schumer’s office, the group explained why the vote would be delayed.

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“We have just put together language that has tremendous respect for the input that we’ve received on religious freedom. But the fact of the matter is it’s only about 18 hours old — less than that,” Tillis told reporters Thursday, adding that senators should have more time to review the five-page amendment. 

“There have been some that said the timing of the vote was political,” Tillis said. “This is clearly a situation where we want to make our members feel comfortable with it. Then I’m confident that we’ll ultimately pass it.” 

Sen. Roy Blunt, R-Mo., a former House GOP whip, who hasn’t made up his mind about whether to back the bill, argued the vote tally would be higher after Election Day.   

“The unreformed whip in me would say you should have a vote when you’ve got the votes,” Blunt said, “but they’ll get more votes in November and December than they’ll get on Monday.”

Backers of the bill have been assigned to reach out to certain Republicans who are on the fence. Sen. Ron Johnson, R-Wis., told NBC News that Sen. Kyrsten Sinema, D-Ariz., was tasked with contacting him and that he’s reviewing the new language, which he received Wednesday night.

Johnson wouldn’t share details of their conversation. He said he has “always enjoyed my work with Sen. Sinema when we worked on” homeland security and border issues, adding, “I respected her genuine effort to try and fix the problem at the border.”