Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I speak in opposition to H.R. 734, the politics over participation act. We can all agree on the need to address the challenges facing our education system, issues like…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I speak in opposition to H.R. 734, the politics over participation act.
We can all agree on the need to address the challenges facing our education system, issues like gun violence, academic achievement gaps, and the lack of mental health support for our students. These are serious challenges that demand serious action.
Unfortunately, my Republican colleagues have used their first 100 days in the majority to pursue a radical education agenda that prioritizes political points over students' safety and success.
Today, we are considering another piece of this extreme agenda, one that again targets transgender kids.
School sports activities offer fundamental life lessons--such as leadership, self-confidence, and teamwork--that every child should be able to enjoy. As Members of Congress, our responsibility is to ensure that student athletics are, above all, fair and safe.
H.R. 734 does the exact opposite. It 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. We know transgender students already face widespread bullying and discrimination. Adding to their pain by targeting their participation in school sports is both wrong and dangerous.
Furthermore, contrary to my Republican colleagues' claims, H.R. 734 actually makes school sports less safe for women and girls. To enforce its ban on transgender student athletes, the bill would require all girls as young as their preteens to ``prove their gender.''
For example, under Utah's blanket ban on transgender student participation in school sports, parents of the second- and third-place finishers in a State-level girls' competition complained to the Utah High School Activities Association that they suspected the winner of the event was trans. Following the complaint, the school was forced to investigate the student by combing through her records going back to kindergarten. She was, in fact, not transgender.
The association has received other complaints about supposed trans competitors, sometimes with the reasoning being simply that a girl doesn't look feminine enough.
Simply put, H.R. 734 does not protect women and girls. It only makes school sports less safe and less fair.
There are schools, States, and sports associations that have been allowing transgender people to play equitably and consistent with their gender identity with no issues for decades.
This bill doesn't address the most elite level of athletes. Yet, even at the most elite level, organizations like the International Olympic Committee have frameworks for transgender inclusion in sports. They reject the type of categorical blanket ban Republicans are pushing for kids as young as kindergartners in schools.
Congress has no business targeting transgender women and girls and imposing a nationwide ban on their participation in school sports. We need to refocus on our job in Congress to address the most pressing issues facing students and parents and ensure that every child in America can reach their full potential.
Mr. Chairman, I urge my colleagues to oppose H.R. 734, and I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentlewoman from California, (Ms. Pelosi), Speaker Emerita.
Mr. Chairman, I yield 1 minute to the gentlewoman from Oregon (Ms. Bonamici).
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms. Jayapal).
Mr. Chairman, while girls' participation in sports have increased 1,000 percent since Title IX, the participation numbers still have not reached that of boys 50 years ago.
Mr. Chairman, I yield 1 minute to the gentlewoman from Michigan (Ms. Stevens).
Mr. Chairman, I yield 2 minutes to the gentleman from Wisconsin (Mr. Pocan), the chair of the Equality Caucus.
Mr. Chairman, may I inquire how much time remains on each side?
Mr. Chairman, I yield 2 minutes to the gentleman from Rhode Island (Mr. Cicilline).
Mr. Chairman, I yield 1 minute to the gentleman from New York (Mr. Nadler).
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Jacobs).
Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Robert Garcia).
Mr. Chairman, I include in the Record the following letters from PFLAG, a consortium of women and girls' rights organizations and 40 professional athletes all in opposition to H.R. 734.
I remind my colleagues on the other side that trans people do exist. To deny their existence is to also deny their humanity, and this is a terrible thing.
Mr. Chairman, I yield 1 minute to the gentleman from Florida (Mr. Frost).
Mr. Chairman, I yield 1 minute to the gentlewoman from New Mexico (Ms. Stansbury).
Mr. Chair, I include in the Record an article from the Advocate titled ``Judge Blocks Utah Trans Sports Ban, While Probe of Athlete Emerges,'' from August 2022.
[From the Advocate, Aug. 19, 2022]
Judge Blocks Utah Trans Sports Ban, While Probe of Athlete Emerges
(By Trudy Ring)
A judge in Utah has blocked enforcement of the state's
transgender sports ban, days after news emerged that parents
of cisgender female athletes had filed a complaint about an
alleged trans competitor who turned out not to be.
Judge Keith A. Kelly in the Third District Court of Utah,
located in Salt Lake County, issued a preliminary injunction
Friday against the state's blanket ban on trans girls in
girls' school sports, meaning it can't be enforced while a
lawsuit against it proceeds. The ban is only one section of
the law passed as House Bill 11. He left the rest of the law
intact, including the requirement for trans girls to go
before a commission to determine their eligibility to compete
in girls' sports.
``Thus, the effect of this preliminary injunction will not
mean that transgender girls will automatically be eligible to
compete on their school's girls' teams,'' Kelly wrote.
``Rather, it will allow them to compete only upon the
commission's determination that their being able to compete
is fair under all of the circumstances.''
Utah lawmakers overrode Gov. Spencer Cox's veto to pass the
legislation in March.
The injunction comes shortly after another development
regarding the law. The parents of the second- and third-place
finishers in a state-level girls' sports event complained to
the Utah High School Activities Association that they
suspected the winner of the event was trans, David Spatafore,
legislative representative for the association, told the Utah
Legislature's Education Interim Committee Wednesday, the
Deseret News reports. The UHSAA had the student's school
investigate, looking over her records all the way back to
kindergarten, and it turned out that she was not trans. He
didn't identify the student, the school, or the sport, citing
privacy considerations.
He said the association has received other complaints about
supposed trans competitors, sometimes with people saying a
girl simply ``doesn't look feminine enough.''
Opponents of the law said this shows major problems with
it. ``We warned about this being a possibility, that everyone
would accuse everyone who is successful of being
transgender,'' Sue Robbins, a member of the Transgender
Advisory Council of Equality Utah, told The Salt Lake
Tribune. ``It becomes about judging women's bodies. And no
body is safe.''
At his monthly press conference Thursday, Gov. Cox called
this investigation a disturbing development. ``My goodness,
we're living in this world where we've become sore losers,
and we're looking for any reason why our kid lost,'' he said,
according to the Tribune. ``I have a real problem with that
story. . . . I just wish we could be a little more thoughtful
in life and a little less critical of other people.''
Meanwhile, the parents who filed suit against the law
welcomed Friday's injunction. ``My husband and I are very
relieved by this decision,'' Debbie Roe, a parent plaintiff
in the lawsuit, Roe v. UHSAA, said in a press release. ``We
are grateful the court understood how much harm this law has
caused, which has been a huge source of stress and trauma for
our child. Our daughter just wants the same chance as other
kids to make friends and play on the team she loves. Today's
ruling gives her the opportunity to do that.''
``This is a win not only for my child but for all girls in
this state,'' added Jean Noe, another parent plaintiff.
``This law is based on stereotypes and misconceptions that
are harmful to all girls. I am grateful the court has put
this dangerous law on pause and that, at least for the
moment, all Utah children can know that they are valued and
supported.''
``We are very pleased by the court's decision,'' said
Justice Christine Durham, former chief justice of the Utah
Supreme Court and senior of counsel at Wilson Sonsini, one of
the lawyers representing the parents. ``Thus far, every court
to rule on a similar ban has barred it from taking effect,
due in part to the serious harms caused by excluding an
entire group of students from such an important school
activity. We read today's decision as recognizing that the
law is not only discriminatory but puts Utah children at
needless risk of lifelong harm. We look forward to moving
forward with the case and securing a permanent decision
blocking the law from taking effect.''
In addition to Wilson Sonsini, the parents are represented
by the American Civil Liberties Union of Utah and the
National Center for Lesbian Rights.
Mr. Chair, I yield 1 minute to the gentlewoman from California (Ms. Kamlager-Dove)
Mr. Chair, I yield 1 minute to the gentleman from Ohio (Mr. Landsman).
Mr. Chair, I include in the Record letters from the Human Rights Campaign and the Athletes' Advisory Council.
Human Rights Campaign,
April 14, 2023.
Dear Representative: On behalf of the Human Rights
Campaign's more than three million members and supporters
nationwide, I write to express our strong opposition to H.R.
734--the misnamed Protection of Women and Girls in Sports Act
of 2023 which seeks to implement a discriminatory ban on
transgender girls participating in girls' sports nationwide.
As the nation's largest civil rights organization working to
achieve lesbian, gay, bisexual, transgender, and queer
equality, we are deeply concerned about the negative impact
this legislation would have on young people already facing
significant challenges due to stigma and discrimination.
Athletics are an experience everyone deserves equal access
to. School sports provide important development opportunities
that teach young people about teamwork, perseverance,
leadership, discipline, and exercise, and help them build
friendships and community. All kids--including transgender
girls and intersex children who would also be restricted from
participating in school sports by this bill--should have the
same opportunities to participate in activities that embody
our shared ideals as Americans.
We know that allowing transgender and intersex youth to
play sports in school does not disadvantage anyone else.
States, school districts, and athletic associations around
the country have allowed transgender and intersex young
people to participate in school sports consistent with their
gender identity for decades--all without issue. Indeed,
despite hundreds, if not thousands, of transgender women and
girls participating in sports over time, only a handful of
transgender athletes in high school or college have had any
notable success. This is because transgender and intersex
students do not seek to participate in sports consistent with
their gender identity to gain an unfair advantage--they do it
for the same reasons other young people play sports in
school: to challenge themselves, improve their fitness, be
part of a team, and have fun.
Banning transgender and intersex kids from playing sports
in school would do nothing to address ongoing, well-
documented threats to girls' and women's sports, including a
lack of equal resources, pay inequality, and sexual
harassment. Advocates for women and girls in sports like the
National Women's Law Center, the Women's Sports Foundation,
Women Leaders in College Sports, and American Association of
University Women all support policies allowing transgender
people to play sports consistent with their gender identity.
These groups oppose efforts to exclude transgender students
like this bill, which
would promote baseless fears and misinformation rather than
solve any real problems.
We urge you to vote no on H.R. 734, as well as vote against
any anti-LGBTQ+ amendments. We will consider these key votes.
Sincerely,
Kelley Robinson,
President.
Mr. Chair, I yield 30 seconds to the gentleman from Texas (Mr. Green).
Mr. Chair, may I inquire of the time remaining.
Mr. Chair, I yield 30 seconds to the gentlewoman from Massachusetts (Ms. Pressley).
Mr. Chair, I include in the Record letters from the ACLU, the Leadership Conference of Civil and Human Rights, and GLSEN, all in opposition to H.R. 734.
American Civil Liberties Union,
Washington, DC, April 14, 2023.
Dear Representative: The American Civil Liberties Union
strongly urges you to oppose H.R. 734, the Protection of
Women and Girls in Sports Act. This discriminatory and
unconstitutional legislation would make it illegal for
schools receiving federal funding to allow transgender girls
and women to play on sports teams for girls and women, in
violation of the Constitution's guarantee of equal
protection. In addition, under Title IX, all girls, including
those who are transgender, should be able to participate
fully and equally in athletics, in accordance with who they
are. This will be the first vote in congressional history to
specifically single out transgender people for
discrimination. Because of the importance of this vote, the
ACLU will be scoring it.
Across the country, state legislatures have advanced
legislation to ban transgender children from participating in
sports, particularly transgender girls. These legislators--
like the proponents of this legislation--have argued that
passing these bans is necessary to protect sports for girls
and women. There are a multitude of barriers facing female
student athletes--from continued funding inequities to pay
disparities among coaches and staff to harassment and abuse.
The participation of their transgender peers, who frequently
number in the single digits in states that have enacted bans
identical to this one, is simply not one of those barriers.
Legislators supporting these bans are cynically using
transgender people as political pawns under the guise of
``protecting women's sports,'' yet leading advocates for
women's sports, including the Women's Sports Foundation,
Women Leaders in College Sports, the Tucker Center for
Research on Girls & Women in Sport, National Women's Law
Center, and hundreds of athletes in women's sports and other
women's rights groups have consistently voiced their strong
support for inclusion of transgender girls and women in
women's sports.
These organizations rightly recognize that transgender
girls and women participate in sports for the same reasons as
their peers who are not transgender: to be part of a team,
learn sportsmanship, and challenge themselves. The experience
of 12-year-old Becky PepperJackson from West Virginia is
reflective of so many other transgender youth across the
country. These are Becky's own words:
A long time before I or my parents understood what the word
``transgender'' meant--as far back as I can remember--I knew
that I am a girl. I'm 12 years old and in the 7th grade now,
and I'm lucky that my friends at school all accept me for who
I am: a girl who loves math and science, anything pink, and
playing video games with my friends. And I'm a runner. Most
of my family runs. I run with my two big brothers and my mom,
and sometimes my aunt joins us too.
After I ran with my school's cross-country team in the
spring of 2022, my coach encouraged me to try out for some of
the field events. I made the team for shotput and discus, and
I love both. It was so much fun to cheer on my teammates at
the meets, and they would cheer me on when I competed in my
events. I kept up with cross-country too. The past two years
on my middle school's girls' cross-country and track-and-
field teams have been the best of my life. My teammates and I
have the best time during practices and at cross-country and
track-
and-field meets. They support me even when I am not the
fastest or best on the team. I don't want to stop doing the
thing that I love and that is part of who I am. Sports are
everything to me and my cross-country and track-and-field
teams have become my second family over the last two years. I
have many more years of cross-country and track-and-field
left, and I just want the opportunity to participate in
school sports like any other girl.
H.R. 734 does nothing to address the real barriers facing
female student athletes. Instead, it targets a small, already
vulnerable group of people for further discrimination. The
ACLU strongly urges all Members to vote NO on H.R. 734.
Sincerely,
Christopher Anders,
Federal Policy Director.
Ian S. Thompson,
Senior Legislative Advocate.
Mr. Chair, I yield 3 minutes to the distinguished gentlewoman from Massachusetts (Ms. Clark), the Democratic whip.
Mr. Chair, I yield an additional 10 seconds to the gentlewoman from Massachusetts.
Mr. Chair, may I inquire as to how much time is remaining.
Mr. Chair, I include in the Record a statement by the National Parents Union in opposition to H.R. 734.
National Parents Union.
H.R. 734 bullies kids instead of teaching them to read.
It's time to get focused on what matters to American
families.
The National Parents Union continues to be frustrated with
the lack of focus from House and Education Workforce
Committee Leadership on issues that matter to American
Families. Families across the country want Congress to focus
on ensuring that every child is prepared for their future--
not bullying kids who want to play sports among their peers.
32 percent of our country's 4th graders were proficient
readers according to the National Assessment of Educational
Progress. That means that 7 out of 10 of our current 5th
graders cannot fully engage in their learning because they
cannot read the content.
Our latest national parent poll clearly states parent
priorities and nowhere to be found is anything about members
of their kids sports teams.
90 percent Believe students should have access to high-
quality, well rounded education with resources to support
their individual needs.
90 percent Believe that students should be prepared for
college and/or careers when they graduate.
90 percent Believe students should be protected from any
form of discrimination at school.
Mr. Chair, I yield 1 minute to the gentleman from Virginia (Mr. Scott), the ranking member of the full Committee on Education and the Workforce.
Mr. Chair, I yield 1 minute to the gentlewoman from Vermont (Ms. Balint).
Mr. Chair, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee).
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, fundamentally, the difference between the two sides is that my friends on the other side of the aisle do not recognize trans people as human beings. They do not even recognize the validity of trans. That is a terrible error, and it is wrong, and it does not grant trans people humanity.
A subsequent corollary to this stance is that they don't believe that trans people are who they are, that somehow it is a choice. I am going to tell you: This debate itself has been traumatizing.
I can remember when I was a teenager when debate in California was occurring over the Briggs Initiative, which would have banned LGBT teachers from teaching. One Republican Governor, Ronald Reagan, at the last minute opposed the initiative, and to me that meant a lot. It means a lot to me that Spencer Cox of Utah recognizes that trans kids exist and that we
should protect them. This bill is horrible. All should stand opposed to it.
Mr. Chair, I yield back the balance of my time.
Mr. Chairman, I include in the Record a Statement of Administration Policy from the administration.
Statement of Administration Policy
h.r. 734--protection of women and girls in sports act of 2023--rep.
steube, R-fl, and 93 cosponsors
The Administration strongly opposes House passage of H.R.
734.
For students nationwide, participating in sports and being
part of a team is an important part of growing up, staying
engaged in school, and learning leadership and life skills.
H.R. 734 would deny access to sports for many families by
establishing an absolute ban on transgender students--even
those as young as elementary schoolers--playing on a team
consistent with their gender identity. Schools, coaches, and
athletic associations around the country are already working
with families to develop participation rules that are fair
and that take into account particular sports, grade levels,
and levels of competition. As a national ban that does not
account for competitiveness or grade level, H.R. 734 targets
people for who they are and therefore is discriminatory.
Politicians should not dictate a one-size-fits-all
requirement that forces coaches to remove kids from their
teams. At a time when transgender youth already face a
nationwide mental health crisis, with half of transgender
youth in a recent survey saying they have seriously
considered suicide, a national law that further stigmatizes
these children is completely unnecessary, hurts families and
students, and would only put students at greater risk.
Discrimination has no place in our nation's schools or on our
playing fields.
Instead of addressing the pressing issues that families and
students face today--such as raising teacher pay, keeping
guns out of schools, addressing the mental health crisis our
youth face, and helping students learn and recover
academically from unprecedented disruptions--Congressional
Republicans have instead chosen to prioritize policies that
discriminate against children.
If the President were presented with H.R. 734, he would
veto it.