Gov. Eric Holcomb vetoed a bill Monday that would prohibit transgender girls from participating on a girls sports team, which state Republicans responded to by scheduling a May 24 session to override the veto.
In a letter to House Speaker Todd Huston, R-Fishers, Holcomb said the bill “falls short” at providing clarity and “one consistent state policy regarding the fairness in K-12 sports.”
The bill assumes there is a problem in K-12 sports that requires the state’s response, Holcomb wrote. The bill also assumes fairness in female sports is not being met, he wrote.
Under the Indiana High School Athletic Association policy for transgender athletes, “not a single case of a male seeking to participate on a female team has completed the process established by IHSAA’s now decade-old policy,” Holcomb wrote. He shares the concerns of the IHSAA about “the confusion created” with the grievance provisions because it is “unclear how consistency and fairness will be maintained,” Holcomb wrote.
“After thorough review, I find no evidence to support either claim even if I support the overall goal,” Holcomb wrote in the letter. “I am heartened by the IHSAA which has done an admirable job to help maintain fairness and consistency in all sports. Nowhere in the testimony on this legislation was a critique leveled against their model on how to govern this and other complex matters.”
For several states that have passed such laws, lawsuits have been filed or have threatened to be filed, Holcomb wrote. In the two cases that have been heard so far, the courts have enjoined or prohibited the laws from going into effect based on equal protections grounds, he wrote.
“Amidst the flurry of enthusiasm to protect the integrity and fairness of women’s sports in our state — a worthy cause for sure — this bill leaves too many unanswered questions such as those highlighted above,” Holcomb wrote.
Huston announced Tuesday that legislators will meet May 24 to vote to override the veto, and he pledged that House Republicans will vote to override.
“The fundamental goal of this legislation is to protect competition in girls’ sports,” Huston said. “This issue continues to be in the national spotlight and for good reason as women have worked hard for equal opportunities on the playing field — and that’s exactly what they deserve.”
U.S. Sen. Mike Braun, a Republican, took to Twitter Monday night to state he is “disappointed” Holcomb vetoed the bill and that he supports a veto override “to protect women’s athletics.”
“Girls’ sports should be for girls, and allowing biological males to compete with them robs female athletes of a chance to compete and win,” Braun tweeted.
U.S. Rep. Jim Banks, R-Fort Wayne, also took to Twitter saying he’s “disappointed with Gov. Holcomb’s veto of a common sense bill that frankly doesn’t go far enough to save women’s sports.” He also called for the general assembly to override the veto.
In response to Banks’ Tweet, State Rep. Martin Carbaugh, R-Fort Wayne, responded “Believe me ... I will be there to override. You are 100% correct congressman!”
State Rep Michael Aylesworth, R-Hebron, said he is glad the legislature will meet to override the veto because he is in favor of the bill.
“I just don’t think people who were once men should compete against women,” Aylesworth said. “It’s very unfair.”
Simon Anderson Schelling, chair of the LGTBQ Outreach of Porter County, said he was pleased that Holcomb vetoed the bill and that he identified the same issues various organizations had with the bill.
“I was pleasantly surprised, because I wasn’t expecting it,” Schelling said.
But, the call for a veto override is proof more needs to be done, Schelling said.
“There’s still work that needs to be done to create a safe space for all kids,” Schelling said.
Julie Storbeck, President of Northwest Indiana National Organization for Women and Indiana NOW, said in a statement the group is pleased Holcomb vetoed “this blatantly unconstitutional bill.”
“Title IX protections exist for all girls and women in sports, and are necessary because of systemic sexism, which should never be tolerated in any form. Whatever their race, sexual orientation, religion, or other intersection, trans and cis gender girls, for they are all girls, deserve better than to be the target of bigotry,” according to the statement.
The organization “denounces the cowardly actions” of legislators who “abuse our state legislature to legitimize and validate discrimination and hate,” according to the statement.
“Trans women are women. Trans girls are girls. They are not women and girls when it fits someone else’s agenda. Trans students deserve to attend school safely and without fear, play sports on the correct teams, use the correct restroom, and enjoy full and equal expression of their civil rights under the law,” according to the statement.
Indiana Democratic Party Chairman Mike Schmuhl said in a statement he was pleased the governor vetoed the bill because signing it “would have put the lives of our children in jeopardy.”
“The moment the Indiana High School Athletic Association admitted there was no unfair advantage occurring in women’s sports, it became clear House Bill 1041 was more about fulfilling a made up culture war than actually creating a better future for Hoosier children,” Schmuhl said.
State Rep. Vernon Smith, D-Gary, said he supports the veto because the state should leave the decision to local officials.
“We haven’t heard of any cases that people were concerned about locally, and all the education groups were opposed to the bill,” Smith said.
Sen. J.D. Ford, D-Indianapolis, issued a statement stating he supports the governor’s decision to veto the bill. Ford said he agrees with Holcomb’s statement about the bill implying that there isn’t fairness or consistency in girls sports.
“We know from testimony that there has only been one relevant case in Indiana, and that was handled by the IHSAA,” Ford said. “We have a system in place to deal with any concerns of unfairness as or if they arise. In the meantime, let’s let kids play sports with their friends.”
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