Screenshot
In this screenshot of Gavel Alaska, Sen. Shelley Hughes, R-Palmer, spoke to the Senate Education Committee on Thursday, March 3, 2022, regarding a bill that would prevent transgender athletes from competing as the sex they identify with.

Screenshot In this screenshot of Gavel Alaska, Sen. Shelley Hughes, R-Palmer, spoke to the Senate Education Committee on Thursday, March 3, 2022, regarding a bill that would prevent transgender athletes from competing as the sex they identify with.

Hearing held for restrictive transgender sports bill

Opponents say bill violates right to privacy

The Senate Education Committee on Thursday heard a bill seeking to ban transgender athletes from competing on teams of the sex they identify with.

Senate Bill 140 — introduced by Sen. Shelley Hughes, R-Palmer — would require public or private schools that compete against a public school to have their sports teams designated as male, female or coeducational and use biological sex as a determining factor.

Speaking to the committee, Hughes said allowing transgender athletes to compete as their identified sex violated Title IX protections by discriminating against biological women for team selection, championships and college scholarships.

Hughes said a number of Alaskans have approached her asking she carry the legislation, known as the Even Playing Field Act.

“Undeniable evidence and scientific research conclude that the average biological male body is stronger, larger and faster than the average female body even after testosterone suppression treatment,” Hughes said. “Male-bodied athletes have a substantial physical advantage over female athletes in sports, regardless of the beliefs that the male-bodied athlete may hold about their sexuality or gender identity.”

All of Thursday’s invited testimony spoke in favor of the bill, and the committee meeting ended before lawmakers could put questions to testifiers.

At the end of the meeting Senate Minority Leader Tom Begich, D-Anchorage, said the proposed legislation was blatantly unconstitutional and that similar bills in other states had either been struck down in court or are in the process of litigation.

“I just want to be sure that we understand that there is another side to this story,” Begich said.

In an interview with the Empire, Begich said the legislation wouldn’t hold up in court, saying it violated students’ right to privacy.

“The invasive notion that you would be able to go in and examine a student will be struck down in Alaska court,” Begich said.

A memo from Legislative Legal Services requested by Begich flagged several potential conflicts in the bill that might violate the state’s constitution in several ways.

“The Alaska Supreme Court has stated on more than one occasion that the Alaska Constitution affords broader protections than does the federal constitution,” the memo said. “A student will have to reveal the student’s biological sex in order to participate in sports. Facts surrounding a person’s biological sex can be intensely private. As the Alaska Supreme Court has stated, ‘few things (are) more personal than one’s body.’”

The bill also provides legal grounds for students or schools to sue for damages if they are deprived of an athletic opportunity or suffer direct or indirect damages resulting from a violation of the law.

In over an hour of testimony, the committee heard from athletes, lawyers and sports professionals who said the physical advantages of biological men should preclude them from competing against biological women. One of the testifiers was professional track athlete Cynthia Monteleone, who said she had competed against male-bodied athletes and won by only tenths of a second, and as a coach has seen girls demoralized when competing against biological males.

[House leadership proposes $1,300 ‘energy relief check’]

“But how can you win as a female when you’re lined up next to a male body whose strength, heart and lung capacity, and pace are all greater than your own no matter what the treatment,” Monteleone said.

Throughout the presentation, Hughes and other testifiers said the bill was not anti-transgender, and affirmed their support for transgender people.

“I’m a concerned trans woman who feels that something needs to be done to preserve fairness in women’s sports,” said Alary Woods of Kentucky, who was asked to testify. “I believe doing so will help preserve the integrity of the trans community with respect to our relationships with all women.”

Hughes and others suggested that allowing biological males to compete in women’s sports would eventually lead to the complete erosion of women’s sports. Hughes pointed to the case of the University of Pennsylvania swimmer Lia Thomas, who has set several college records in women’s swimming after transitioning in 2019. The Washington Post reported 16 of Thomas’s teammates penned an anonymous letter saying she had an unfair advantage and was taking away opportunities for biological women.

“Coaches are hired to take teams to victory,” Hughes said. “Rosters will eventually fill up with male-bodied athletes.”

At the top of the meeting Education Committee Chair Sen. Roger Holland, R-Anchorage, said lawmakers have received a high volume of emails regarding the legislation and said the committee would take its time on the bill. Holland said public testimony was being rescheduled, and would likely take place in two weeks on a Saturday to allow more opportunity for commenters.

Similar legislation has gained traction in other states.

Also Thursday, The Associated Press reported Iowa Gov. Kim Reynolds, a Republican, signed a bill into law that prohibits transgender females from participating in girls high school and college sports. Iowa’s Legislative Services Agency told lawmakers the state could lose federal funds if authorities find the law is violating federal civil rights laws, AP reported.

• Contact reporter Peter Segall at psegall@juneauempire.com. Follow him on Twitter at @SegallJnuEmpire.

More in News

The Norwegian Cruise Line’s Norwegian Encore docks in Juneau in October, 2022. (Clarise Larson / Juneau Empire File)
Ships in Port for the Week of June 4

Here’s what to expect this week.

Cars and people move past the City and Borough of Juneau current City Hall downtown on Monday. The Assembly Committee of the Whole unanimously OK’d an ordinance Monday night that, if passed by the full Assembly, would again ask Juneau voters during the upcoming municipal election whether to approve $27 million in bond debt to fund the construction of a new City Hall. (Clarise Larson / Juneau Empire)
Voters could see proposal for a new City Hall back on the ballot this fall

City signals support for $27 million initiative, after $35M bond last year fails.

(Michael Penn / Juneau Empire File)
Police calls for Sunday, June 4, 2023

This report contains information from law enforcement and public safety agencies.

(Michael Penn / Juneau Empire File)
Police calls for Saturday, June 3, 2023

This report contains information from law enforcement and public safety agencies.

The Hōkūleʻa, a double-hulled and wind-powered traditional Polynesian voyaging canoe, sits at a dock as it navigates throughout Southeast Alaska in May. On Saturday the canoe and crew members will be welcomed to Juneau in preparation for the canoes launch days later for its four-year-long global canoe voyage called the Moananuiākea. (Courtesy Photo / Chris Blake)
Celebration of four-year Polynesian canoe voyage to kick off Saturday at Auke Bay

Voyage set to circumnavigate 43,000 nautical miles of the Pacific Ocean beginning in Juneau.

On the Trails: A mallard family, juncos, and tadpoles

One evening in late May, long after most female mallards had gone… Continue reading

(Michael Penn / Juneau Empire File)
Police calls for Friday, June 2, 2023

This report contains information from law enforcement and public safety agencies.

A lifeboat from the Sapphire Princess cruise ship loads passengers and crew from the Wilderness Discoverer after an engine fire on the vessel Monday morning. No significant injuries were reported and U.S. Coast Guard officials said the disabled vessel will be towed to Ketchikan. (Photo by Dan Reilly)
Nearly 70 people rescued after engine fire aboard small cruise ship in Glacier Bay

No significant injuries reported as large cruise ship, Coast Guard respond to disabled vessel Monday

Most Read