INDIANAPOLIS — The Indiana Senate voted to bar transgender girls from playing on school athletic teams that match their gender identity. The bill passed 32-18, with seven Republicans joining the 11 Senate Democrats on Tuesday.
Sen. Stacey Donato, R-Logansport, said the bill was a women’s rights bill that promoted fairness for biological females and allowed them access to college scholarships.
“”Under House Bill 1041 all students will be able to play sports … they simply have to compete with peers of the same biological sex,” Donato said.
The only time a transgender girl played on the team of her gender identity in Indiana, the issue was resolved at the local level, which Donato acknowledged.
Donato repeatedly dodged Democrats’ questions, insisting that their issues weren’t related to the bill. Democrats asked why current policy from the Indiana High School Athletic Association wasn’t sufficient, whether women could ever compete athletically with men and whether the bill barred transgender athletes from participating in school sports.
“That’s not what this bill is about,” Donato said several times. “It is about protecting the integrity of biological girls.”
Donato said she “couldn’t qualify” whether or not she met with transgender athletes to discuss the bill because she couldn’t determine who was an athlete versus a club player.
The IHSAA, NCAA and the International Olympic Committee all have their own policies for transgender athletes participating on teams that match their gender identities; none has full bans on transgender athletes.
“Am I going against the IHSAA, which has a thoughtful, considerate policy on this?” said Sen. Tim Lanane, D-Anderson. “Or going my own way? I’m voting ‘no’ on this bill.”
No female athletes testified in support of the bill, though a handful of parents with young girls signaled their support. Dozens of young adults rallied against the bill over the course of several days.
Sen. Greg Taylor, D-Indianapolis, a Black man, noted that years ago he couldn’t play professional sports with many of the General Assembly, who are overwhelmingly white. Black men and women were similarly segregated because of alleged physical differences.
“Are we going forward or are we going back(ward) with this legislation?”
Ten other states have introduced similar legislation, and nearly all continue to be litigated. In response to the bills across the county, more than 150 U.S. businesses signed a letter opposing anti-trans legislation, including Salesforce, with a large presence in Indiana, and Elanco Animal Health, headquartered in the state.
The American Civil Liberties Union of Indiana previously said it would sue the state if the bill became law, and the attorney general’s office said it would spend taxpayer dollars to defend the law.
The Indiana Democratic Party said the bill was part of a made-up culture war and urged Gov. Eric Holcomb to veto the bill. Holcomb recently signaled support for the bill, depending on the final language.
“House Bill 1041 will set a dark precedent for children that being transgender means something is wrong with them,” Mike Schmuhl, the state Democratic Party chairman, said in a statement. “It must be said that nothing is wrong and being transgender is exactly how God created you.”
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