Legislature(2023 - 2024)GRUENBERG 120
04/08/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB183 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 183 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 183-DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS
1:07:53 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 183, "An Act relating to school athletics,
recreation, athletic teams, and sports; and providing for an
effective date."
1:09:17 PM
The committee took an at-ease.
1:09:56 PM
REPRESENTATIVE JAMIE ALLARD, Alaska State Legislature, prime
sponsor, presented HB 183. She shared the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
It is in our very recent history that women and the
men who champion them have had to fight for women's
rights and equality in our society. Can you believe it
has barely been 100 years since women were granted the
right to vote? Since then, we have come a long way,
with legislation supporting and protecting women's
rights and protecting us from discrimination. Our
culture has embraced and advanced the notion that
women deserve the same opportunities as men. And we
have made leaps and bounds in opportunities available
to women and girls to participate in sports.
Girls who participate in sports reap huge benefits for
a lifetime. They gain confidence, good habits, strong
bodies, and bones, and have a lower chance of
osteoporosis, breast cancer, and depression. They have
a more positive body image and higher levels of self-
esteem. They grow into strong women who are leaders
and role models in our communities. They carry the
lessons learned far beyond the playing field. And
thanks to Title IX, their right to equal opportunities
in sports and education is federally protected.
Title IX states that, "No person in the United States
shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be
subjected to discrimination under any educational
program or activity receiving Federal financial
assistance." We can thank our very own Senator Ted
Stevens for this legislation which has protected and
promoted women in sports since its passage in 1972.
The impact of this legislation is profound. Before
1972, one in 27 girls participated in sports. That
number is now two in five! Girls' participation in
high school sports has increased by roughly 1000
percent. It has opened the door to more sports
scholarship opportunities for women and for women to
turn their sport into a career. We could even say that
the effects of more women in sports has rippled out
across all sectors, breaking glass ceilings and
elevating women as equals in our nation and even
around the world.
So, what happens when a biological male enters the
ring of women's sports? Being biologically bigger,
stronger, faster, their physical advantage over women
is anything but equal. It takes our nearly level
playing field, which we fought so hard to achieve, and
reduces it to women finishing second again. Women have
worked hard to get where we are today. To set us back
100 years is unacceptable.
When there were threatened changes to Title IX, Sen.
Ted Stevens said: "Having lived this long with Title
IX, I'm going to urge Congress not to support any
changes that could have an adverse effect on the
progress that has already been made under Title IX. We
want more progress." Stevens was the guardian angel of
women in athletics. He would not stand by and allow
culture wars to rob our girls and women of the
progress we have fought so hard to gain.
As a mom of two daughters, I would like to encourage
the State legislature in a bipartisan effort to
support "An Act relating to school athletics,
recreation, athletic teams, and sports." This bill HB
183 acknowledges the biological differences and
disparities between men and women and requires
students to play according to their biological sex.
Our girls deserve a fair playing field. They deserve
the chance to win first place, scholarships, and gold
medals.
Like US Senator Ted Stevens, I will be a champion for
our girls and women. I have endured discrimination and
have conquered obstacles, like my mom and grandmother
and great-grandmother before me, so that my daughters
don't have to. I don't do this for me, I do it for
them. We fight for all our daughters. Expecting women
to be physically equal to men is not equality.
Equality is giving women the same opportunities as
men. But if forced to physically compete against
biological males, women will be disadvantaged once
again. If men can compete as "better" versions of
women, all of our progress for equality is dead.
1:14:33 PM
CHAIR VANCE opened invited testimony.
1:14:57 PM
BARBARA EHARDT, Representative, Idaho State Legislature, gave
invited testimony during the hearing on HB 183. She provided
her personal and professional background, noting her experience
as a college athlete. She referenced several examples of
biological male athletes who had transitioned, including June
Eastwood and Lia Thomas. She shared her belief that "the other
side" would testify about humanity and inclusivity; however, she
argued that a when it comes to college level sports, it's about
winning. Furthermore, she stated that if one boy is allowed to
compete on a girls' team, it would open the door for twelve boys
to compete on a girls' team. She concluded that even 5-10 years
ago, this issue was not being talked about.
1:20:57 PM
The committee took a brief at-ease at 1:20 p.m.
1:21:43 PM
LARRY WHITMORE, representing self, gave invited testimony during
the hearing on HB 183. He highlighted his 70-year coaching
career, adding that he was still active in coaching athletes of
all ages. He stated that biological males have greater bone
density, bigger hearts, lungs, and more muscle strength than
biological females in addition to other aspects that make
competition between men and women unfair. He asserted that
track and field records prove that women cannot compete with men
and recalled coaching the fastest girl in Alaska history,
Starlett Jackson. Ms. Jackson's fastest time would not be fast
enough to qualify as an alternate on any of the boys' relay
teams. To protect Title 9 and save women's sports, he said that
unfair competition must not be allowed. He shared his belief
that everyone should be given the opportunity to participate and
compete in scholastic sports, including transgender people. He
suggested created a third division for transgender athletes to
allow everyone to participate.
1:26:23 PM
RILEY GAINES, Ambassador, Independent Women's Voice, gave
invited testimony during the hearing on HB 183. She recounted
her experience as a student at the University of Kentucky, when
she and other Division I team members were forced to compete
against Lia Thomas, formerly Will Thomas. She explained that in
March 2022, she watched Ms. Thomas swim to a women's national
title, beating out the most impressive and accomplished female
swimmers, including Olympians and American record holders. She
shared her belief that the National Collegiate Athletics
Association (NCAA) had reduced the women's hard work to a photo
opportunity to validate the feelings and identity of a male at
their expense. In addition to losing trophies to Ms. Thomas,
she explained that the women were expected to share a locker
room without their consent. She reported that across the
country in various sports, "males" are entering into women's
athletic competitions and being granted entry into their locker
rooms. To date, "males" have stolen over 879 trophies, medals,
and titles from women and girls across 423 different
competitions and over 28 different sports. She stated that the
harm this causes is exponential, as it results in a female
athlete losing out on an opportunity. She reported that males
have an insurmountable 10-12 percent athletic advantage over
females, which is evident in almost every sport and every level
of competition and cannot be fixed by hormone therapy. She
pointed out that Lia Thomas was mediocre when competing against
men, and dominant when competing against women. In short, she
stated her belief that allowing "males" to compete in women's
sports is risky, unfair, and discriminatory. She implored the
legislature to support HB 183 to protect women's sports.
CHAIR VANCE sought questions from committee members.
1:30:23 PM
REPRESENTATIVE GRAY referenced the ban on transgender women from
competing in the International Chess Federation and the World
Eightball Pool Federation. He asked why these bans are
appropriate.
MS. GAINES reiterated her belief that any opportunity entitled
to a woman deserves to go to a woman. Further, she opined that
sex-based categories are a necessity and were put in place for a
reason.
REPRESENTATIVE GRAY asked why there are male and female
categories for chess.
MS. GAINES said that's a separate question entirely, and one
that she's not suited to answer. Nonetheless, she stated that
the categories exist for a reason. She shared the example of
Harriet Haynes, a transgender woman who won the European
championship in pool. Kim O'Brien who placed second and
conceded the match explained the advantages that males possess
in eight ball, including arm size and arm length.
1:33:04 PM
REPRESENTATIVE ALLARD noted that she was a Junior Olympic (JO)
athlete and competed in the 100- and 200-meter [dash], adding
that her record in those events would not stand had she competed
against males. She welcomed amendments that would include post-
secondary education and add a safety component to the bill, in
addition to an amendment that would require a birth certificate
to compete in sports.
1:34:49 PM
REPRESENTATIVE GROH referenced the constitutional right to
privacy and asked how [an athlete's biological sex] would be
determined.
REPRESENTATIVE ALLARD pointed out that competitive sports
require a physical. She shared her understanding that birth
certificates are required to enroll in school, which could be
used to prove an individual's biological sex.
REPRESENTATIVE GROH inquired about the requirement for an
original birth certificate and asked whether it was included in
the legislation.
REPRESENTATIVE ALLARD confirmed that it is in the legislation.
REPRESENTATIVE GROH asked whether inspection of genitalia would
be part of the required physical examination.
REPRESENTATIVE ALLARD assumed that the doctor would know whether
the child is a boy or girl and could determine that by asking
questions.
1:38:18 PM
REPRESENTATIVE GROH asked whether Representative Allard was
familiar with the legal memorandum ("memo") from Legislative
Legal Services dated 4/19/22, which states that similar
legislation would be found unlawfully discriminatory against
transgender females in violation of the equal protection clause
of the Alaska Constitution.
REPRESENTATIVE ALLARD reiterated that the bill would protect
women in sports. She asserted that currently, federal law is
being violated in Alaska by allowing "boys and men" to compete
in women's sports.
REPRESENTATIVE GROH asked which law Representative Allard was
referring to.
REPRESENTATIVE ALLARD answered Title 9.
REPRESENTATIVE GROH pointed out that various court decisions had
struck down similar laws across the country based on
constitutional concerns.
REPRESENTATIVE ALLARD asked whether Representative Groh was
saying that he wanted to continue discriminating against women
and girls in sports.
REPRESENTATIVE GROH restated the question.
REPRESENTATIVE ALLARD said her focus was to get a law passed in
Alaska that defends women's rights to compete in spots without
biological males jeopardizing their safety, scholarships, and
freedoms.
1:40:30 PM
REPRESENTATIVE CARPENTER said he felt the need to point out the
absurdity of this conversation. He stated that "bait and switch
tactics" to justify discriminating against women should be
beneath [ members]. He shared the definition of "absurdity" and
pointed out that [the country] has fought hard to give women
rights to compete fairly against other women, which the bill
attempts to maintain.
1:41:46 PM
REPRESENTATIVE GRAY asked whether transgender people are
entitled to the same constitutional rights and protections as
everyone else.
REPRESENTATIVE ALLARD answered, "They are not entitled to take
the place of women and girls." She said with regard to Title 9,
the answer is no.
REPRESENTATIVE GRAY asked whether studies show that transgender
women possess physical advantages over cis girls - or biological
girls - in sports.
REPRESENTATIVE ALLARD shared her understanding that there are
plenty of studies that indicate that biological men are stronger
and compete better than woman in sports. She deferred to Ms.
Gaines.
1:43:25 PM
MS. GAINES pointed out that the committee's entire debate has
been centered on males infiltrating women's sports. If the
argument is that males don't possess advantages over females,
she asked why then the committee had not spent any time talking
about women entering men's sports. She highlighted several
differences between men and women's basketball, including the
three-point line, the size of the ball, and various statistics,
such as layups or dunks. She pointed out that the height of the
net differs in men and women's volleyball, and the men's tee is
further back than the women's tee in golf. She said all of
these differences are in place for a reason because [society]
has never struggled to understand that men, on average, are
stronger, faster, taller, more explosive, etcetera.
1:46:23 PM
REPRESENTATIVE GRAY explained that when conducting a physical,
genital exams are not routinely performed unless there is a
specific concern. He asked whether it was the sponsor's intent
for more genital exams to be performed to meet the criteria of
the bill.
REPRESENTATIVE ALLARD responded, "That's absurd." She
reiterated that she was defending the right for women to
participate in sports.
REPRESENTATIVE GRAY expressed concern that even if it was not
the bill sponsor's intent, the bill could leave an opening for
exams to be performed to determine biological sex. Because of
that, he characterized the bill as dangerous. He moved to table
the bill.
REPRESENTATIVE GROH called the question.
CHAIR VANCE ruled Representative Gray out of order.
1:49:13 PM
MS. EHARDT stated that Representative Gray's concern could be
addressed by including the following five questions in a
physical to determine the individual's biological sex: Are you
male or female? Have you ever been hospitalized or had any
surgeries? Have you taken any medication? Were you born without
a kidney, testicle, or organ? When was your first period, last
period, and the longest time in between menstrual periods?
1:51:24 PM
The committee took a brief at-ease at 1:51 p.m.
1:51:49 PM
REPRESENTATIVE SUMNER said it was unclear why the committee was
discussing physicals in relation to the bill. He directed
attention to page 2, lines 15-20, indicating that the
individual's birth certificate can be relied upon to establish
biological sex. He asked whether a court could order a change
in the gender listed on a person's birth certificate.
REPRESENTATIVE ALLARD said yes, the biological sex listed on an
individual's birth certificate can be changed.
CHAIR VANCE asked whether the bill excludes those who identify
as transgender from playing sports.
REPRESENTATIVE ALLARD said HB 183 does not discuss that.
1:54:33 PM
REPRESENTATIVE GRAY referred to page 2, line 18, which states
that a birth certificate "may" be relied upon. He shared his
understanding that the Alaska Department of Vital Records will
amend the gender marker on a birth certificate if a letter from
a license medical provider is presented.
REPRESENTATIVE ALLARD stated that "may" would be amended to
"shall."
REPRESENTATIVE GRAY suggested if it's so easy to amend a birth
certificate, this requirement may not accomplish the intent of
the bill.
REPRESENTATIVE ALLARD asserted that the only accepted birth
certificate would be those amended for adoption, not amended for
the purpose of changing the individual's sex.
REPRESENTATIVE GRAY, in response to Ms. Ehardt, pointed out that
there are several medical conditions that might delay a young
female's menstruation. For that reason, he stated his belief
that it might not be the best line of questioning for young
people, especially with the privacy clause in the Alaska
Constitution.
1:57:40 PM
REPRESENTATIVE SUMNER pointed out that a modified birth
certificate would look identical to an original birth
certificate on its face.
REPRESENTATIVE ALLARD said she did not know the answer. She
reiterated that her intent was to require the individual's
original birth certificate assigned at birth.
REPRESENTATIVE SUMNER asked whether forthcoming amendments were
intended to change the birth certificate requirements.
REPRESENTATIVE ALLARD said she was willing to work with
Representative Sumner on a birth certificate requirement.
2:00:44 PM
CHAIR VANCE announced that HB 183 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB183 - Sponsor Statement 3.14.2024.pdf |
HJUD 4/8/2024 1:00:00 PM |
HB 183 |
| HB 183 - v.A.pdf |
HJUD 4/8/2024 1:00:00 PM |
HB 183 |
| HB183 - Sectional Analysis 3.14.2024.pdf |
HJUD 4/8/2024 1:00:00 PM |
HB 183 |
| HB 183 - v.A Fiscal Note 12.18.23.pdf |
HJUD 4/8/2024 1:00:00 PM |
HB 183 |