Legislature(2021 - 2022)BUTROVICH 205
03/12/2022 10:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 140 | TELECONFERENCED | |
SB 140-DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS
10:02:58 AM
Chair Holland announced the consideration of SENATE BILL NO. 140
"An Act relating to school athletics, recreation, athletic
teams, and sports."
He commented that this is the bill's second hearing in
committee. The purpose of this special Saturday meeting is to
have sufficient time to hear the huge amount of public testimony
generated by SB 140 and to maximize time for the public to
provide input outside of normal working hours. It is the
intention to hear everyone that signed up before 11:00 am with
testimony limited to two minutes. Testimony may be submitted in
writing to [email protected].
10:04:02 AM
CHAIR HOLLAND opened public testimony on SB 140.
10:04:36 AM
EMMA ZINK HATCHER, representing self, Douglas, Alaska, testified
in opposition to SB 140, citing the legal principle that
inclusion is the default. Democratic societies require evidence
to take away human rights. Children's rights cannot be taken
away without evidence, and the burden of proof falls on the
entity attempting to take away rights. The onus is on the
legislature to provide data that transgender women have the
physical advantage and that women competitors stand no chance
within the fair margin of competition against transgender
competitors. She knows this data is nonexistent because
collegiate and Olympic committees have robust policies to
include transwomen at elite levels of competition. She quoted an
American Academy of Pediatrics amicus brief on this subject:
For transgender individuals, being treated differently
from other men and women can cause tremendous pain and
harm. More specifically, exclusionary laws that
prevent transgender girls and women from participating
in school sports consistent with their gender
identity, an important facet of their lives, disrupts
medically appropriate treatment protocols.
Exclusionary laws threaten to exacerbate risk of
anxiety, depression, low self-esteem, engaging in
self-injurious behaviors, suicide, substance use,
homelessness, and eating disorders, among other
adverse outcomes, that many transgender individuals
face. Those risks are already too serious.
She wrapped up, stating the interface between being a sore loser
and discrimination should not be allowed to shape policy. She is
a runner, and it is fundamental to her identity. In every race
won, from childhood through adulthood, she passed many men. She
wants transgender girls and women on the starting line,
competing with them. She will celebrate their wins with them.
Transgender women belong in women's sports and do not deserve
this type of discrimination.
10:08:08 AM
MORGAN LIM, Planned Parenthood Alliance Advocate (PPAA), Juneau,
Alaska, testified in opposition to SB 140. He stated that the
bill is blatantly discriminatory and designed to exclude and
deny trans girls the ability to participate fully in school
sports and their school community. SB 140 is part of a
coordinated nationwide attack aimed at erasing and excluding
trans people from sports, school communities, and all aspects of
public life. Trans youth should be treated with dignity and
respect and have the opportunity to live a healthy life like
everyone else. Denying trans students the opportunity to
participate in sports strips them of many benefits associated
with school sports, including better self-esteem and improved
grades. Trans students deserve the same chances to learn
teamwork, sportsmanship, leadership, and self-discipline and to
build a sense of belonging with their peers like all other
students. When trans athletes are excluded from participation on
a sports team that aligns with their gender identity, the result
is often exclusion from sports altogether. This leads to
stigmatism and isolation of trans students which undermines
their health, safety, and social and emotional development.
Trans kids want the opportunity to play sports for the same
reason other kids do, to be a part of a team where they feel
like they belong. We encourage lawmakers to see this bill for
what it is really about: whether lesbian, gay, bisexual, queer,
and transgender (LGBTQ) people should be treated fairly in all
aspects of life or unfairly targeted and excluded just because
of who they are. PPAA-Alaska strongly urges Education Committee
members not to pass it from committee and to oppose SB 140.
10:10:36 AM
DAVID IGNELL, representing self, Juneau, Alaska, testified in
opposition to SB 140, citing Proverbs 31:8 which says to speak
up for the rights of those that need an advocate. He is
committed to protecting the constitutional rights of all Alaska
citizens fairly and equitably. He is partly in favor of the bill
but is mostly opposed. The legislative process is about
compromise; one easy issue to compromise on would be eliminating
language that gives adults the right to sue and seek damages. He
has learned that youth sports need both a player and a coach,
let kids have fun, and keep parents and lawyers out of it. He
expressed his belief that SB 140 will bate lawyers to file
lawsuits, and he is opposed to legislation that does this,
especially where youth sports are concerned. He has a bigger
issue with SB 140's fairness. He questioned the intent of the
bill and asked if it is about legislating one set of moral
values over another by using youth sports as a prop. He parlayed
a bad memory, expressing empathy for those in competition with
athletes with an unfair physical advantage. However, he added
that this bad experience did not wreck his career. A college
coach watching in the stands offered him a scholarship after the
game, the point being there is so much more to sports than wins
or losses. The proponents of this bill submitted an Air Force
study that found transgender women have a 20 percent physical
advantage in some areas. He countered this study, stating
athletes gain an advantage in various ways.
10:13:52 AM
At ease.
10:14:24 AM
SENATOR HOLLAND reconvened the meeting.
10:14:50 AM
NOAH WILLIAMS, representing self, Juneau, Alaska, testified in
opposition to SB 140, stating the Alaska School Activities
Association (ASAA) makes the rules in state athletics. Any one
student or parent who had a concern about performance deltas
between assigned female at birth and assigned male at birth
athletes would complain to ASAA. ASAA Director Billy Strickland
explained, "Your numbers are your numbers. You are not recruited
because you are a state champion in Alaska. You are recruited
because you run a 10-second 100-meter dash." Mr. Strickland went
on to call this a solution looking for a problem. Most of the
people Senator Hughes invited to testify were not from Alaska;
coincidently, similar anti-trans legislation is simultaneously
popping up in state legislatures around the country. It is
almost like a nationally orchestrated political effort to build
capital in the lead-up to an election year. He expressed an
inclination to believe that Senator Hughes is not transphobic as
far as arbitrarily hating minorities; unfortunately, she shows a
willingness to bully the most vulnerable people. He expressed
anger at this, and it has raised the attention of data
scientists and investigative journalists in his sphere. The
people funding this effort will be exposed, and the reputational
costs to those that support it will exceed the political gains
made.
10:17:25 AM
JACQUELINE WICWILLOW, representing self, Fairbanks, Alaska,
testified in opposition to SB 140, stating Alaska has a proud
history of accepting others which has strengthened our state
immeasurably. It would be terrible to abandon the legacy of
people like Elizabeth Peratrovich and declare trans children and
youth are not equal to their peers or entitled to the same
rights, privacy, dignity, or opportunities. SB 140 has
compounded a message of inequality, specifically, banning trans
girls from participation but not trans boys. Even if adhering to
the definition of biological sex, SB 140 has an inherent gender
bias. To declare SB 140 protects the equal rights of biological
females is patronizing and demeaning, not only to trans youth
but to every biological female athlete. If SB 140 is reported
out, the committee sends the message that biological females are
less than their biological counterparts. She urged the committee
to ponder the motivations behind this bill, who it protects, who
it hurts, and what message it sends to girls of every biological
designation. She asked whether SB 140 sends the message that
women are equal to men or if it sends a patronizing message that
women are children and need protection.
10:19:29 AM
VINCENT FEUILLES, representing self, Wasilla, Alaska, testified
in opposition to SB 140, stating the bill sets a discriminatory
precedent, attempts to instigate the erasure of trans youth by
creating a legally designated category of "other," and violates
Title IX based on sex. This attempt is cashed in a language of
concern based on a false narrative designed to ignite public
fears. He views the bill as a step to create a boogieman out of
the trans community. This legislation will harm children, both
transgender and cisgender. Beyond the obvious physical benefits
that all youth receive from participating in sports, there are
psychosocial benefits, good sportsmanship, teamwork, self-
discipline, and listening skills that are gained as well as
community involvement. Sports are also about the camaraderie and
acceptance of being on a team. In short, it is about belonging.
SB 140 seeks to make trans youth "others" while teaching youth
who identify as the sex assigned at birth to avoid those who are
"other." Young people, transgender, and cisgender should have
their dignity respected. Young trans people experience stigma
and challenges that their cisgender peers are not subject to,
and exclusion from sports would negatively affect them. He cited
longitudinal studies conducted by Professor Christina Olson,
Princeton University. These studies showed that treating
transgender and gender nonconforming youth with acceptance and
support decreases the issues they experience with depression,
anxiety, and suicidal ideation within the normal ranges of their
peers. When discussing youth in sports, it is important to
remember that in preadolescent children, which are part of the
legislation's target, there are no significant differences
between the sexes. According to medical experts, prior to
puberty, boys do not have any physical advantages. These points
show that SB 140 is unnecessary when discussing youth who have
yet to experience puberty, but are still included. The
guidelines for adults cannot be applied to youth as they are not
the same. Affirming a child's gender means consistent
recognition of their gender in all areas and stages of their
life. This is backed by the American Planning Association (APA),
the American Medical Association (AMA), and many other
organizations. SB 140 is contradictory to this. He urged the
committee to cease action on the bill and the fearmongering
associated with it.
10:22:41 AM
HAILEE WALLACE, representing self, Sitka, Alaska, testified in
opposition to SB 140, stating this bill will do more harm than
benefit and will only benefit those who are not transgender.
This bill will damage many trans children. She cited a 2021
Trevor Project National Survey that found that during 2020:
- 42 percent of LGBTQ children considered attempting suicide and
- over half of those were transgender or nonbinary,
- 12 percent of those were white and
- 31 percent of those were native or indigenous peoples.
- 94 percent of all LGBTQ youth reported that recent politics
have affected their mental health. The legislature has the power
to make laws that affect their bodies and what they can do; they
feel powerless in the decision-making process.
MS. WALLACE stated that Alaska has the highest rates of suicide
and depression; moreover, these rates are even higher among
LGBTQ youth. The government should focus on improving the
environment of the more vulnerable LGBTQ youth population,
rather than making populations that are uncomfortable with trans
people more comfortable. SB 140 sends the message that it is
okay to exclude a segment of the population from participating
in women's athletics based on bias.
10:24:50 AM
ALEXANDER MORIARTY, representing self, Juneau, Alaska, testified
in opposition to SB 140. He cited people as saying girls and
women should have their own space to practice sports, then added
girls and women include trans women. Sports lessons are not
about winning or losing but about being mentally fit, physically
fit, strong, and happy.
10:26:15 AM
At ease.
10:27:40 AM
CHAIR HOLLAND indicated the teleconference system had technical
difficulties; callers should hang up and redial. The call-in
deadline will be extended from 11:00 a.m. to 1:00 p.m. if there
are enough interested testifiers.
10:28:15 AM
At ease.
10:52:39 AM
CHAIR HOLLAND reconvened the meeting, apologizing to those
waiting to get reconnected. He said the committee plans to hear
all call-in testifiers today. Video streaming was not
interrupted, so the meeting will continue with video testimony
while technical staff work on the teleconference system.
10:53:21 AM
KATIE BOTZ, representing self, Juneau, Alaska, testified in
support of SB 140, stating Alaska is number one in sexual abuse
and crimes. She said that Alaska has a high suicide and mental
illness rate, attesting to both personally. She has advocated
for public safety over the years and is concerned about women's
safety in locker rooms shared with transwomen. She asked whether
the physical change from man to woman also changes that person's
mental state. She said this question needs a definitive answer
in a state with the highest rate of sexual assault and crimes
nationwide, because females can commit crimes too. She asked the
committee to consider that it is difficult to validate an
assault in a place where no one else is looking.
10:55:58 AM
LINDSAY WILLIAMS, representing self, Anchorage, Alaska,
testified in support of SB 140, stating she is a member of the
first recognized NCAA Division II cross country running team at
the University of Alaska-Anchorage (UAA) in the year 2000. She
was awarded an athletic scholarship for running and continued to
compete at the collegiate level until 2004. Cross-country
running was her ticket through college. She expressed gratitude
that she could compete for UAA and earn a bachelor's degree. She
hopes the same opportunity is available to other young women who
dream of attending college and competing in athletics at the
highest level. Collegiate athletes push their bodies beyond
their limits and run faster than they ever thought possible;
that being said, her abilities never came close to those on the
men's team. In college cross country running, men and women do
not race the same distances. Men race an 8k and women race a 5k
in the regular season; at nationals, men race a 10k and women
race a 6k. The following are examples of men's and women's
running abilities in an NCAA Division I track and field
championship:
- 100 meter men ran 10.11, women ran 10.74
- 1500 meter men ran 3.35, women ran 4.08
MS. WILLIAMS expressed gratitude that equality for men's and
women's sports exists today. If an individual wants to
participate in sports, the opportunity is available to all. SB
140 does not change that, but it does preserve equity in
athletics. The playing field is equal when biological females
compete against biological females, and biological males compete
against biological males. She is a cross country coach and a
track and field coach. She also coaches youth flag football and
soccer for coed teams. She loves athletics and the lessons it
teaches youth. She supports preserving equity in athletics,
which is why she supports SB 140.
10:58:41 AM
CHARLENE APOK, representing self, Anchorage, Alaska, testified
in opposition to SB 140. She has a minor in gender women's
sexuality studies and a Ph.D. related to gender studies as well.
She works for Native Movement as the Director of Gender Justice
and Healing. Transgender participation in sports benefits
everyone, including cisgender women. She identifies as a
cisgender woman, and women do not need any more policing of
women in their bodies. Women do not need any more subjection to
invasive practices and harmful accusations in this area of
sports and otherwise. Instead, including trans athletes promotes
values of nondiscrimination among all students. Much testimony
has focused on whether people's participation is equal or
unequal; part of the well-being of trans athletes and all
athletes is their mental and emotional health. The rates of
suicide and mental health issues among trans people are high; SB
140 excludes them and will exacerbate those issues. Exclusion
can be deeply harmful and undermines team unity. Part of the
reason young people participate and benefit from participation
in sports is that teams create a sense of belonging, yet this
bill encourages divisiveness.
11:01:09 AM
RYAN MORSE, representing self, Sitka, Alaska, testified in
opposition to SB 140. He said the Senate Education Committee is
charged with the jurisdiction over the programs and activities
for all students here in Alaska, and an important part of that
is ensuring equity for all students. SB 140 would stigmatize and
isolate trans students in schools and recreational activities,
undermining their health, safety, and social and emotional
development. No student of any age, race, or gender should be
subjected to this. This bill violates basic privacy rights by
making teachers and coaches police whether or not a student is
transgender. Schools are not legally authorized to do this under
medical privacy and nondiscrimination laws. This bill is an
unnecessary overreach and a discriminatory one at that.
11:02:33 AM
LIZ LYKE, representing self, Fairbanks, Alaska, testified in
opposition to SB 140, stating she is a 44-year-old trans woman.
The opportunity to exist as an out trans or queer person was
limited due to high levels of homophobia and transphobia when
she was in high school, which there is less of among kids today.
She expressed sadness that adults are choosing to bring back
phobias from days of old. Committee members are wrong for
considering SB 140. She asked members to consider the well-being
of youth and let them be the guide; they do not have the same
concerns and they are much more accepting.
11:04:05 AM
ALYSSA QUINTYNE, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating she lost friends due to this
type of legislation. This bill has nothing to do with the mental
health of anybody. Trans athletes are attacked, harmed, and
harassed, yet SB 140 does nothing to address this issue. She
said that growing up, it was difficult when people debated and
argued about where she should be able to exist based on her
race. Children are affected by conversations that question their
humanity and whether they would assault another student in the
bathroom. She said this is evidenced by the five students buried
at Birch Hill in Fairbanks. She maintained that if the
legislature had wanted to help athletes, it would have written a
companion bill for the sexual consent law last session. She
asked legislators to consider the consequences to all affected
by SB 140.
11:06:52 AM
JULIA TERRY, representing self, Anchorage, Alaska, testified in
opposition to SB 140 as a former student-athlete, the parent of
a current student-athlete, a spouse of a minister, and a social
worker who works with vulnerable people.
Mx. Terry uses the pronouns "they and them" and is concerned
about the following:
- The blatant attempt of this bill to isolate transgender young
people from their peers;
- the environment of disrespect for human dignity, amplified
when anti-trans sentiments are given a platform; and
- mitigating the harm caused by misinformation spread about
transgender young people.
Mx. Terry developed internal resources and qualities through
participation in school sports, such as: confidence, leadership,
respect, patience, and resilience, all of which were life-saving
and led to a career celebrating and supporting trans and gender-
expansive young people every day.
Mx. Terry is an out nonbinary fem person who models to young
trans people the possibility of striving against all odds. When
society fosters a sense of belonging, place, and purpose in one
another, the result is healthier communities. Please focus on
the well-being of young people, protect student-athletes, and
act against SB 140, Mx. Terry urged.
11:09:26 AM
LESLIE FAILS, Minister, Unitarian Universalist Fellowship,
Fairbanks, Alaska, testified in opposition to SB 140 as a mother
and minister. She expressed concern for the safety of
transgender children and youth attending Alaska schools and the
threats posed to their psychological and physical well-being by
this bill. SB 140 excludes transgender girls from participation
on sports teams alongside their peers which does nothing but
inflict harm on the vulnerable. Requiring teachers and coaches
to violate the privacy of athletes by actively seeking to
identify who is transgender has implications the committee might
need to explore fully, such as an individual's right to privacy.
As a pastor serving people in the transgender community, parents
convey that these types of bills terrorize their transgender
children. Parents worry about what kind of cruelty these bills
will enable people to inflict on their children. She is proud to
live in a state that prides itself on individuality and self-
determination; this is a sacred right. For this reason, she
asked the committee to oppose this distinctly un-Alaskan bill
which appears to be part of a broader Lower-48 legislative trend
that seeks to marginalize transgender student-athletes further.
11:11:35 AM
ROBERT WICWILLOW, representing self, Fairbanks, Alaska,
testified in opposition to SB 140, stating the bill seems to
sweep nonbinary people into hiding. Trans people are not going
away, like women's rights to vote or to work alongside men in
jobs. Oppressing the binary world will only oppress children. No
one can control how another self identifies. If Alaskans preach
equality and acceptance, practice those values. SB 140 does
neither. The gay, lesbian, and trans community cannot choose to
be different from what they are any more than a black person can
change skin color. Alaskans can either accept it or make
everyone's lives miserable. SB 140 makes everyone's lives
miserable.
11:13:20 AM
ROSE O'HARA-JOLLEY, representing self, Fairbanks, Alaska,
testified in opposition to SB 140, stating trans girls are
girls. She began to tell the story of how she got her name, when
her call was dropped. She reconnected and finished testifying at
the end of the meeting.
11:15:47 AM
At ease.
11:16:40 AM
CHAIR HOLLAND reconvened the meeting.
11:16:55 AM
KELLY NASH, representing self, Fairbanks, Alaska, testified in
support of SB 140, stating the bill creates a level playing
field. She redirected the dialogue, saying discrimination exists
everywhere. She brought up the last two years of COVID-19
mandates that discriminated against school students who refused
to wear a mask or be vaccinated. She urged everyone to think
about the students who:
- refused to comply and were not allowed to participate in the
classroom or sports;
- complied but did not want to; and
- did not comply and committed suicide because they were not
allowed to play in all the reindeer games.
11:18:16 AM
JUDY ELEDGE, representing self, Anchorage, Alaska, testified in
support of SB 140 as an educator of 45 years in Alaska. She
stated that organizations will bully a person who disagrees with
their agenda. She fought for women's rights, was thrilled when
Title IX passed, and is appalled that women's sports are in
jeopardy. She wondered where all the feminists who wanted equal
rights are today because their silence is deafening. She said
those in the medical community are not speaking up to protect
women; they are ignoring basic science. She expressed her view
that the American College of Pediatrics opposes gender identity
in young children. She recalled that women participating in the
Olympics were tested for banned substances like testosterone to
ensure women did not compete with an advantage in the 60s and
70s. This bill has nothing to do with what a person chooses to
be and everything to do with girls who worked years to compete,
succeed, and win scholarships. Transgender women may take female
hormones, estrogen, and testosterone blockers. Still, it does
not change their lung capacity, heart size, upper body strength,
endurance, or other features that give men a physical advantage
over women in athletic competition. SB 140 brings common sense
back into the support of all young women; it allows Alaskans to
stand with them; it will enable women to say no to taking away a
woman's right to equality in sports. SB 140 prevents taking
rights from one group and pitting them against another.
11:21:16 AM
KAREN BAKER, representing self, Anchorage, Alaska, testified in
opposition to SB 140, stating this is a hateful and cruel piece
of anti-trans legislation without scientific or moral
foundation. SB 140 contains no "how to" guidelines for
determining a student's sex. Tasking coaches and teachers to
determine children's biological sex is unethical and gross. It
would be creepy to ask the bill sponsor and committee members to
prove their sex. She expressed her belief that this bill was
motivated by bigotry. She expressed her apologies to transgender
youth for SB 140 and elected officials who believe the existence
and rights of trans youth are up for debate. She emphasized that
transgender youth are valued, valuable, beautiful, and enough.
Trans women are women, trans girls are girls, and all children
deserve to play.
11:23:17 AM
KYNDLE KIRBY, representing self, Palmer, Alaska, called in
support of SB 140, stating she is currently a student-athlete at
Concordia University in Nebraska where she competes in shooting
sports with Olympic-level competitors. She would not have
received an athletic scholarship if she had not had the
opportunity to pursue and excel in her division as a female
athlete. Nor would it have been financially feasible to attend
college out of state, which was necessary to obtain a degree in
secondary education. This female athletic opportunity in high
school made it possible to achieve higher education. She wants
to return to Alaska to teach and give back to the community.
Graduating this May would not have been possible without a sex-
specific division to compete. She expressed her understanding
that SB 140 is not a discriminatory bill, but a bill of
inclusion, ensuring everyone has the opportunity and right to
compete and excel in their sport. If female students are denied
or discouraged from participating because biological males
dominate the sport, there could be negative social
repercussions. Girls like herself would not be able to chase
their dreams and afford to attend college, nor become strong,
productive, influential, successful, and educated young women.
11:25:19 AM
DIDI PETERS, representing self, Kenai, Alaska, testified in
opposition to SB 140, paraphrasing an opinion from LGBTQ athlete
Megan Rapinoe who wrote:
I remember how I felt when I played soccer for the
first time. Long before I was winning World Cup
matches, I was trying to keep up with my brother.
Soccer has been a part of my life since I was four
years old. I spent hours outside working to perfect
that next move. I wanted to be the best. Being able to
play sports as a children shaped my life's path. It
taught me so much more than seen on the field and
brought me so much joy. Every child deserves to have
that experience. That's why I believe all kids,
including transgender youth, should be able to
participate in sports they love. Bills like SB 140 are
some of the most intense political assaults on LGBTQ
people in recent years. These efforts cause incredible
harm to trans youth. One in three transgender youth
reported attempting suicide as one national crisis
prevention organization reported in 2019. Bills like
SB 140 are attempting to solve a problem that doesn't
exist. Transgender kids want the opportunity to play
sports for the same reasons other kids do: to be a
part of a team where they feel like they belong.
Proponents of these bills argue that they are
protecting women. As a woman who has played sports my
whole life, I know that the threats to women's and
girls' sports are lack of funding, resources and media
coverage, sexual harassment and unequal pay. You may
not know that a person in your life is trans. You may
not be aware of the fullest self within your coworker,
friend, relative or even the child playing in your
living room. Trans people contribute meaningfully to
our society: our schools, neighborhoods, communities
and families. Trans people deserve dignity, respect
and opportunity. Bills like SB 140 are an attack on
the humanity and belonging of trans people, and that's
why this issue is important to me as a member of the
LGBTQ community. The value of participating in sports
is well-documented. Transgender kids deserve the same
chances to enjoy sports; to gain confidence, self-
respect and leadership skills; and to learn what it
means to be part of a team. When we tell transgender
girls that they can't play girls' sports or
transgender boys that they can't play boys' sports
they miss out on these important experiences and
opportunities. And we lose the right to say we care
about children.
11:27:34 AM
CHAIR HOLLAND announced that no new callers will be added to the
queue because about 80 people already were waiting to testify.
11:28:09 AM
MARY ELIZABETH KEHRHAHN-STARK, representing self, Fairbanks,
Alaska, testified in opposition to SB 140, stating this bill is
crafted to exclude transgender youth from sports and their
school community. SB 140 violates student privacy by forcing
educators and coaches to identify and separate transgender youth
from their peers. It encourages bullying by setting students
apart, stigmatizing, ostracizing, and isolating them from their
school community. She recalled her adolescence as a time of peer
pressure, intense yearning for acceptance, and yet
paradoxically, the challenge of feeling the avoidance of who she
was. SB 140 doubles down on this reality. She asked committee
members to consider how SB 140 will affect young people who will
be isolated from their peers, compounding their loneliness and
depression.
11:31:29 AM
VALORRAINE DATTAN, representing self, Anchorage, Alaska,
testified in opposition to SB 140, stating the bill is a gross
invasion of privacy and seems like yet another attempt to
control women. A bill that forces educators to delve into a
minor's private life and genitalia on school property is
disgusting and frightening. Both biological females and trans
women are subject to repression. Trans women are women. She said
no one should be near another's parts unless invited, and she
doubts trans athletes are interested in proving their gender.
The right to privacy protects a person's medical history and
choices. Children should be protected, and this bill's invasion
of privacy does not protect kids. It does not protect cisgender
children, nor does it protect transgender children. She
encouraged a no vote on SB 140 to protect everyone's right to
privacy.
11:33:50 AM
LIN DAVIS, representing self, Juneau, Alaska, testified in
opposition to SB 140, stating she has worked for LGBTQ human
rights since the 70s. She presents as androgenous but identifies
as she/her. Women's field hockey got her through school and
trans girls should not be denied this sort of stepping stone of
life. SB 140 expands a kind of shunning and shaming into a
horror show for young Alaskans. It is extreme and un-American.
It will turn Alaskans against each other and it is a river of
cruelty. This bill goes to show that if you can get people
riled-up, you can mesmerize some minds into a vote. Globally
many trans athletes have competed for years, including in the
last two Olympics and the Iditarod, and no problems have
surfaced. Trans women are not destroying women's sports and they
are not winning much. In Connecticut and West Virginia trans
girl athletes have won their right to compete. SB 140 fosters
harm to anyone who is different, especially endangering trans
women of color and black women who already are vulnerable and
experience high rates of murder throughout the country.
11:36:48 AM
KASSANDRA SMILEY, representing self, Eagle River, Alaska,
testified in opposition to SB 140. She is a former high school
and middle school athlete, school administrator who worked with
minors, youth sports coach for almost 15 years, and mandatory
reporter trained to detect signs and symptoms of child abuse and
sexual assault. SB 140 proposes a loophole in the protection
against child abuse and sexual assault of a minor and the
traumatization of young girls. This bill seems to target girls
specifically. SB 140 does not contain language that mentions
young boys will be subjected to random underpants checks to
determine their biological sex. In Section 2 of the bill, Sec.
14.18.180, defines "school" as an elementary, junior high,
secondary, or postsecondary school. This bill fails to define
the individual tasked with identifying and determining a child's
biological sex. She expressed hope that this task would not fall
to one of the handful of predators that seem to flock towards
childcare supervisorial positions. SB 140 is an open invitation
for sexual predators to come to Alaska. In Section 2, the
language in Sec. 14.18.160, shields adults and schools from
complaints and litigation, giving state-sponsored immunity to
school districts or any employee assigned to determine the
biological sex of a student. The bill also prohibits
investigation into any incidence of abuse or alleged abuse. SB
140 protects school districts and private schools against
damages for complaints filed against them; conversely, they
could turn around and sue for damages against a complainant. She
stated support for trans students as a former coach and thanked
the committee for listening today.
11:39:27 AM
MAEVE SPIEGLER, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating it violates young children's
sovereignty and removes their bodily autonomy. This bill is
absurd, ridiculous, and easily opposed. It permits children to
be evaluated by someone other than their parent or doctor, which
is creepy and disgusting. Transgender people are divine,
sovereign, and a valuable part of the community. Alaska
struggles with high suicide rates and has drafted a plan for
suicide prevention. She was a suicide prevention trainer and
used to uphold Alaska's suicide prevention plan. She said that
the best thing you can do for a person is to show them they
belong. SB 140 is in direct opposition to the state's suicide
prevention goals. Transgender students are at higher risk of
suicide and passing this bill would aggravate the issue. The
bill is abhorrent. She asked the committee to do better.
11:41:25 AM
JUSTINE SLATER, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating this bill further removes the
autonomy of an already marginalized group. SB 140 violates a
person's right to privacy and to feel safe in school. The bill
increases stigmatization in the transgender community. The
spirit of this bill appears to be fear and an intention to be
exclusionary. According to Dr. Deanna Adkins, Pediatric
Endocrinologist at the Duke Child and Adolescent Gender Clinic:
When a school or athletic organization denies
transgender students the ability to participate
equally in athletics because they are transgender, it
condones, reinforces, and affirms the social status of
transgender students as outsiders or misfits who
deserve the hostility they experience from peers.
MS. SLATER said that believing and perpetuating misconceptions
about trans athletes is harmful. It increases the risk of self-
harm and suicide. The negative effect on trans youth affects the
entire community. She is the parent of a trans youth who came
out after a suicide attempt; he felt unable to be who he is. She
was shocked and terrified at the thought of losing her child. He
is thriving and entering high school next year, having accessed
medical and mental health care. He has re-engaged in activities
that bring him joy. After seeing nationwide anti-trans
legislation, he asked what transgender people ever did to
deserve this. The answer is that transgender people have done
absolutely nothing. Do not pass this bill and show all Alaskan
children that they belong and are supported.
11:43:53 AM
CAROLINE PORTER, representing self, Palmer, Alaska, testified in
support of SB 140, stating she played four years of varsity
college tennis, and her mother coached varsity sports at a
university in Oklahoma, all before Title IX. She grew up
watching her mother load the station wagon for travel, the girls
brought their lunches, and an aunt sewed their uniforms; unlike
the men's team, there was no funding for women's sports. The
team worked hard, and despite no coach, they had an exceptional
winning record. As good as they were, they could not physically
compete with men. Men have different muscular and skeletal
structures. Women athletes of that era worked to gain equal
opportunities for women in sports. Girls and women athletes now
benefit from Title IX, and one of these benefits is scholarship.
Thousands of young women would not have been able to attend
college without an athletic scholarship, and having to compete
with a biological male jeopardizes scholarship opportunities for
female athletes. It is an insult to women who fought so long to
protect women's sports.
11:46:20 AM
EMILY BUTLER, representing self, Juneau, Alaska, testified in
opposition to SB 140, asking committee members to consider in
detail what the enforcement of this bill entails, especially in
a middle or high school locker room. The Department of Education
and Early Development (DEED) will be affected; it will have to
define the exact biological difference between a boy and a girl;
and someone will have to come up with measurement standards for
hormone levels in millimeters. This is not easy to do because
some people are intersex, meaning they are born with
characteristics of both sexes. Intersex numbers are estimated at
.1 to 1 percent of the population although most intersex people
do not know that they are. This number includes one in ten
thousand people born with genitals ambiguous enough that it is
unclear what sex they are. One in ten thousand is many students
in Alaska. Natural variants exist between male and female
bodies; for example, some women have high testosterone levels,
and about six in one thousand boys have a micro-penis. Beyond
gender identity, biology does not fall into a neat "boygirl"
binary category. What this bill proposes necessitates that at
some point, a person would have to evaluate the genitals or test
the hormones of a minor to assess their fitness for sport at an
amateur scholastic level. Amateur sports are for fun and
development, but SB 140 could create a culture of anxiously
worrying about the fitness of one's genitals and suspiciously
policing one another in the locker room. Adolescence can be
humiliating enough, but anyone who varies from the norm in any
way or might defend their privacy by avoiding nakedness in front
of peers would immediately be suspected, labeled invalid or an
outsider. It would not matter whether the student was trans or
cisgender, nonbinary or intersex, because anyone different would
be called an outsider. Coaches and other adults would have a
valid reason to inquire about and inspect the genitals of
minors, and minors would have a valid reason to report on the
genitals of their peers to adults. SB 140 is unconstitutional
and it is inadvisable for the state to start regulating. The
situation is likely to create sexual harassment and bullying,
and to facilitate molestation and assault, both among youth and
by predatory adults. SB 140 is so unconstitutional that she
questioned the motives of those bringing the bill, knowing it
would likely be struck down in court. The messaging of this bill
to youth, cisgender, straight, nonbinary, and transgender is
that policing the natural features of one another's bodies is
the business of the school and state. This is a horrible idea to
introduce into the already fraught world of adolescence. The
bill is unnecessary, cruel, invasive, and can only bring harm.
She urged the committee to reject SB 140 and save the state the
court fees.
11:50:51 AM
JANICE PARK, representing self, Anchorage, Alaska, testified in
opposition to SB 140, saying it is an intentionally cruel bill
that will hurt children. Transgender children have a right to
their own identity and self-esteem. SB 140 could be extremely
damaging. She quoted from the Journal of Interpersonal Violence:
"Eighty-two percent of transgender individuals have considered
killing themselves and 40 percent have attempted suicide, with
suicidality highest among transgender youth."
MS. PARK said that suicidality in this context means suicidal
ideation with plans to carry out their own death. Contributing
factors to this are societal rejection, lack of acceptance and
belonging, and stigmatization at school. SB 140 puts the
responsibility of determining a child's sex on teachers and
school staff. Imagine being the person assigned to look into the
face of a child, inspect a child, determine whether or not the
child conforms, and have to report the child failed to meet a
standard norm, knowing that child is at high risk of suicide.
Know that passage of SB 140 could condemn a child to suicide,
she concluded.
11:54:03 AM
RICHARD "OLE" LARSON, representing self, Wasilla, Alaska,
testified in support of SB 140, stating that he graduated from
high school before the passage of Title IX. Title IX gave women
equal rights to participate in sports. He has witnessed the
outstanding achievements women have made over the past fifty
years. They have taken these gains into the workforce and broken
barriers; fifty years ago this was not happening. He attributes
this to Title IX. Male-bodied athletes participating in women's
sports have put Title IX on the shelf. Biological males are 20
50 percent better in all aspects of sport. He cited an example
of a Penn State swimmer who participated for three years as a
male athlete, ranking 540 in the nation. The athlete later
switched to the women's team, is setting NCAA records, and is
creeping up on women's world records. He has two daughters who
participated on state-championship athletic teams and he credits
high school athletics for their self-esteem and ability to get
things done. High school athletics set the tone that rocketed
them into the workforce as independent women who stand on their
own. He emphasized that SB 140 is necessary to protect women's
sports.
11:57:34 AM
JESSICA ROZATO, representing self, Denali, Alaska, testified in
opposition to SB 140, stating it is increasingly apparent that
this bill is about more than prohibiting trans girls from
participating in girls' sports. It is more like part of a
nationwide trend that seeks to exclude, isolate and deny human
rights. She found the invited testimony of the retired male gym
teacher from Hawaii unsettling as he repeatedly proclaimed
expertise on the bodily changes of a 13-year-old girl as it
readies itself for childbearing. She has read about the
puritanical history of this country, what still happens in other
countries, and the Handmaid's Tale. The gym teacher's testimony
was chilling. Noting that gold and silver Olympic medalist Lydia
Jacoby was mentioned in the introduction, she asked whether Ms.
Jacoby or transgender Iditarod musher, Quince Mountain, were
contacted to comment on SB 140.
MS. ROZATO said she feels empowered as a woman. She noted
Senator Hughes pointed out twice that women are fundamentally
disadvantaged; and in the spirit of open-minded, inclusive
problem solving, recommended transgender and coed teams. These
solutions are isolating and complicated for an underfunded
Alaska education system. As a queer woman with a transgender
partner, she stands with all transgender and LGBTQ youth, family
members, and allies of all ages.
12:00:42 PM
CHANDA FILE, representing self, Anchorage, Alaska, testified in
opposition to SB 140, stating this bill is discriminatory,
unfair, and puts a target on the backs of transgender student-
athletes. It is horrific that Alaska would consider singling out
trans student-athletes, violating their right to privacy, and
making them more vulnerable to bullying and worse. Those seeking
to discriminate against transgender athletes are utilizing the
50th anniversary of Title IX as their pedestal. Those who
support excluding transgender women from women's sports do not
support women's sports. Trans girls and women are not a threat
to women's sports or the progress made over the past five
decades; however, salary, investment gaps, and coaches that
abuse players are. Alaska has a long way to go to ensure an
equal playing field for all genders in sports, and transgender
athletes should be welcome on the playing field.
12:02:15 PM
CHRISTINA EUBANKS, representing self, Anchorage, Alaska,
testified in opposition to SB 140 as a mother of four and a
member of the National Association for the Education of Young
Children. This professional membership organization works to
promote early learning for children and has a code of ethics
that supports all children, including those that are
transgender. SB 140 discriminates against transgender female
students. She seconds the testimony of those who opposed this
bill.
12:03:08 PM
MO DART, representing self, Fairbanks, Alaska, testified in
opposition to SB 140 as a concerned community member. She works
with many transgender youths. Trans girls check in after school
to inquire about the status of the bill and want to see it
stopped. At the same time, trans boys come in after school from
wrestling matches and volleyball games and are not directly
affected. There is a lack of consistency in this bill as it
targets trans girls. SB 140 offers no sense of regulation about
who will be body-checking the girls. She urged members to
consider the repercussions of this bill on suicide prevention
efforts.
12:05:19 PM
MATTHEW SAMPSON, representing self, Fairbanks, Alaska, testified
in support of SB 140, stating he serves on the Board of
Education in Fairbanks. He thanked Senator Hughes and others who
brought this commonsense bill forward. SB 140 preserves fairness
in Alaska. Pound-for-pound males are generally stronger than
females; state records prove this much. For this reason, it is
unfair to pit males against females in athletic competitions,
then award medals to male winners. Educational institutions
should stop supporting confusing behavior and scientific
fallacies. No one is saying that transgender girls should not
self-actualize and live to their full potential, but female
athletes deserve the same consideration. SB 140 is about
respect, recognition, and equality.
12:07:25 PM
EMILY COHEN, representing self, Fairbanks, Alaska, testified in
opposition to SB 140, agreeing with previous testifiers that
this bill is a solution looking for a problem. The passage of
this bill would send a clear message to all transgender people
in Alaska that they are not welcome here. She is a community
mental health provider to children and teens in Alaska, many of
whom are transgender. Transgender exclusionary legislation leads
to mental health challenges for trans youth, including an
increased risk of suicide. She urged committee members to focus
their energy and resources on pressing issues in schools rather
than regulating children's access to sports and concerning
themselves with what personal anatomy they possess.
12:08:41 PM
KIMBERLY BRILL, representing self, Anchorage, Alaska, testified
in opposition to SB 140, stating the bill is discriminatory and
intolerable. Transgender youth should have the same rights as
cisgender youth. She brought up several concerns about the bill,
including a lack of facts and questionable impetus. She said
genitalia inspections are not appropriate to ascertain whether a
child is playing on the "right" team. She noted that the Trevor
Project reported that 52 percent of transgender children have
thought about suicide and 20 percent have attempted it. Passing
this bill will cause more harm than good. Transgender children
should have the same rights to play sports and live their life
as cisgender children do.
12:10:34 PM
LISA GENTEMANN, representing self, Eagle River, Alaska,
testified in support of SB 140 to protect women's and girls'
sports. She maintained that the following documented facts show
why it is unfair for biological men to compete with biological
women:
- The men's record speed for running the mile is 3 minutes 43
seconds versus the women's record speed of 4 minutes 12 seconds.
- The men's bench press record is 782 pounds versus the women's
bench press record of 605 pounds.
She urged committee members to pass this bill from committee to
protect women and girls from an unfair playing field and
discrimination. The chromosomes XY and XX are not equal. She
said gene is gender noted at birth, and known and given by God.
It is fair play for biological men to compete with other men and
vice-versa for biological women to compete with other women.
Many women suffer abuse from domestic violence, rape, and male
domination in Alaska. She does not want further harm to befall
Alaskan women and girls by allowing men to dominate them in
sports.
12:13:13 PM
FRANA BURTNESS-ADAMS, representing self, Fairbanks, Alaska,
testified in opposition to SB 140, stating she grew up playing
sports every day and all year round in Fairbanks. The feeling of
hitting a 3-pointer at the buzzer, flying over a hurdle on the
track, hugging teammates after they scored game-winning goals,
and road trips with friends and teammates, defined high school
life. She gained a strong work ethic, learned what leadership
looked and felt like, figured out how to juggle multiple
responsibilities simultaneously, pushed her comfort zone, got an
expanded understanding of the world, and traveled to new parts
of this spectacular state, all from participating in school
sports. She found the confidence to succeed and direction
through sports during a time of deep insecurity experienced by
many high school students. She was motivated to attend college
through participation in school athletics. Passage of SB 140
will remove the possibility of these types of memories from
hundreds of Alaskan children. She asked why a senator would make
it a priority to deny these opportunities to anyone, especially
children. She gained life experience, formed foundational and
emotional skills, and learned life lessons through sports. SB
140 is dangerous and cruel. The bill openly and blatantly
discriminates, violates basic privacy rights, weaponizes an
incorrect definition of sex, and excludes students from being a
part of their school community. She ended by saying, "We are
here, we are queer, and we will exist longer than Senator Hughes
will be in office."
12:15:37 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, testified in
opposition to SB 140, indicating that she is Inupiaq. Inupiaq
people choose their gender as they grow older per their culture
so Inupiaq names are genderless. SB 140 would affect Inupiaq and
other people across the state, both indigenous and not, as it is
common for people to be transgender in many cultures. This bill
would encourage lawsuits and asks teacher and coaches to violate
the privacy rights of students. This bill is not only anti-
transgender, but it is anti-female. Females are just as good, if
not better, than males at sports. Girls' teams were established
not because females were inferior but because people with power
believed they were. The government created laws to give females
a chance to play; however, this bill proposes to take those away
for many Alaskan students. The transgender woman at Pennsylvania
State University was required to be on estrogen for at least a
year to compete on the women's team, which affected her
performance levels.
12:18:22 PM
ROBIN RHOADS, representing self, Juneau, Alaska, testified in
opposition to SB 140. She has a background in education as a
biologist. She argued that SB 140's definition of biological sex
is inaccurate, logistically indefensible, and unenforceable. She
rebuffed previous testimony that claimed, "gene is gender,"
citing research that linked exposure to diethylstilbestrol (DES)
to gene development defects in the womb. Legislation
incorporating the term "biological sex" will face ethical and
logistical issues when assigning and verifying "biological sex"
metrics. In doing so, it will set an abhorrent precedent for
privacy violations and government access to medical records. She
concluded her testimony saying this bill is rooted in
discrimination and scientifically inaccurate.
12:21:06 PM
ELLIE HOGENSON, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating she is the mother of a
beautiful transgender daughter. This is a bill looking for a
problem. This bill would further stigmatize students who already
face barriers and hurdles in life. Transgender children, like
all children, should be cherished, not ostracized. Athletics is
a way for children to find joy in school, and the state should
not exclude anybody from this opportunity. She is concerned
about the enforcement of this creepy bill and its mental health
effects on trans girls. She is a lifelong Alaskan, and the
values of Alaskans are community and individuality. SB 140 is in
direct opposition to these values.
12:22:26 PM
SARAH MURTADA, representing self, Palmer, Alaska, testified in
opposition to SB 140, stating she played sports throughout her
academic career. She extolled the benefits of athletics and is
now finishing her last semester of law school using the skills
learned from participating in sports. She said that taking
sports from transgender children will isolate them and prevent
them from learning valuable skills. It also takes away from
cisgender students who deserve and want to play against
classmates. No data demonstrate trans students negatively impact
participation in school sports. However, data shows the negative
impact of preventing trans students from participating in sports
for transgender and non-transgender youth. As a law student, she
has spent the last three years learning about individual
sovereignty, civil rights, and constitutional rights against
government inclusion. SB 140 is at variance with the
Constitution and these rights. A coordinated attack on
transgender youth in sports has been taking place nationwide.
She urged committee members to prevent Lower 48 politics from
affecting Alaskans. Alaskans are better than this.
12:24:00 PM
ARLEIGH HITCHCOCK, representing self, Fairbanks, Alaska,
testified in opposition to SB 140, stating it is hard enough to
be a child in this world without a bill that isolates, vanishes
and kills children.
MX. HITCHCOCK uses the pronouns "they and them," stating:
- Committee members should focus on bills benefitting schools
and children in Alaska, not on creepy bills focusing on
children's genitalia.
- Being visibly gender-nonconforming resulted in being badly
bullied throughout school. Loving parents explained bullies hate
some part of themselves, and as a result, they torment those who
love themselves.
- If Senator Hughes and the supporters of SB 140 hate
themselves, they should seek therapy to resolve their issues
rather than taking their frustration out on children.
Transgender children need to feel safe and loved, and deserve to
participate in sports.
- Soccer and lacrosse were outlets to get away from bullying,
were places to enjoy being a child, and were, for a fact, life-
saving. It is upsetting to think that transgender student-
athletes will lose this valuable survival mechanism and that
they may not survive without it. She gave a big thanks to those
calling in to oppose SB 140 and for getting the facts on the
record.
12:26:17 PM
JESSICA GREENE, representing self, Anchorage, Alaska, offered
testimony in opposition to SB 140 as a person who loves sports
and uses the pronouns "they and them."
MX. GREENE was picked early for teams on the playground, a solid
player, the only "assigned female at birth" athlete who could
play alongside "assigned male at birth" peers as a capable
equal. Over time, the school district's discriminatory policies
made playing alongside "assigned male at birth" peers
impossible.
MX. GREENE continued to play sports but suffered, feeling out of
place and longing to play alongside peers. Being separated from
them was mentally distressing, dispiriting, and life-altering.
MX. GREENE said there are many reasons to oppose this bill,
including:
- psychological harm to transgender youth,
- increased rates of suicide,
- violation of basic privacy rights,
- lack of scientific definitions, and
- it targets students of color.
These are not arguable points. These are facts supported by law,
science, and the personal experiences of trans youth. For these
reasons she urged the committee not to pass SB 140.
12:29:06 PM
KENDAL KRUSE, representing self, Palmer, Alaska, testified in
support of SB 140 as a mother of sons and daughters, a
Christian, and a former collegiate athlete. She played multiple
sports year-round during childhood and, having athletic skills,
was able to walk onto the women's college lacrosse team, having
never played. She could do this because she did not have to
compete against male players. Men's and women's sports were
separate. She acknowledged that children need support, help, and
love across the board. This bill is about a biology-based
reality that acknowledges the physical differences between the
sexes. It is a fact that males have a physical edge over
females, so women's teams should reserve their spots for female
competitors. She emphasized the alternative is collective
sports, where all play together. If that were to happen, she
questioned how many females, trans females, and trans males
would make the cut. She stated that as a health care provider,
she knows that individuals are born with certain profiles and
different normal levels for boys and girls. A war on this aspect
of biology translates into a war on the safety of girls. She
illustrated the point, citing a story about a male MMA fighter
who permanently damaged his opponent's skull. She will not allow
her daughters to participate in coed sports where they could be
injured, nor will they enter a locker room used by males. An
easy way to verify sex is by looking at birth certificates.
12:32:20 PM
GRETCHEN GORDON, representing self, Fairbanks, Alaska, testified
in opposition to SB 140. She stated that this bill is another
directive from the Christian nationalists, America First
Policies Institute (AFPI), and Turning Point USA in a
coordinated effort to rid the country of all that is not white,
straight, and Christian. Transgender people make up .6 percent
of the entire population. SB 140 targets a population so small
it appears the bill is looking for a problem where none exists,
relying on subjective claims from alleged experts. This bill
cherry-picks science so old that it has since been refuted many
times over. SB 140 is blatantly discriminatory and it violates
Title IX and the US Constitution's right to privacy. It is
designed to oppress and exclude transgender girls from
participating in their school community and sports, preventing
them from reaping the rewards of team participation. This bill
meets the sponsor's need to erase transgender youth, and in so
doing, trans youth suffer humiliation and traumatization. SB 140
attempts to enjoin Alaska with other states, emboldened by hate
and misunderstandings about who trans Alaskans are. Lawmakers
claim to want to keep Alaskan youth safe and sports for girls
fair; this is a lie. She said all transgender and gender-
expansive youth should never allow themselves to think they are
anything other than amazing, valid, and a valuable part of this
world. People who belittle, dehumanize, and discriminate against
transgender people operate out of fear, hate, misguided
religious beliefs, and insecurity. Ignorant people will fail in
their discriminatory goals for these reasons. She urged
committee members not to advance SB 140. If the bill advances,
understand that these students are active, stronger than
imaginable, and will be voting soon, as will their peers,
teachers, and parents.
12:35:17 PM
SUMMER ANDERSEN, representing self, Haines, Alaska, testified in
opposition to SB 140 on moral and practical grounds. She is a
feminist and a volunteer in youth sports. This bill creates
barriers that prevent children from participating in public
school activities. The practical application of combining sex
and gender in minors is a minefield. Creating policies and
procedures that probe into minors' private and intimate details
is next to impossible and incompatible with the Alaska
Constitutional right to privacy. The unwritten text of SB 140 is
to exclude transgender people; however, this bill is harmful to
all children. The bill is impractical and will open the state to
litigation. She echoed previous testimony, stating listen to the
kids, they are our future and they overwhelmingly do not want
this. She echoed previous testimony, stating the barriers in
women's sports are funding, media recognition, and material
worth, not trans-athletes.
12:37:46 PM
MARY SZATKOWSKI, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating this bill will prevent
transgender youth from playing on a team aligned to their
gender. Denying students' gender affirmation is a form of mental
abuse that would prevent trans youth from participating in
sports, increasing the stress on students who are already at
risk for poor mental health and academic performance. Studies
show that transgender students who are welcomed and affirmed in
all aspects of their lives have lower rates of depression and
suicidal thoughts; it is a lifeline to a group three times as
likely to contemplate suicide as their classmates. Trans youth
involved in school sports perform better academically and have
lower rates of depressive symptoms than those not involved. The
justification for this bill is the protection of girls' sports,
per the sponsor statement. She questioned this justification,
citing data indicating that participation in girls' sports
decreased in states with transgender-exclusive policies over the
last ten years. Conversely, participation remained unchanged or
increased in states with transgender-inclusive policies.
Students, both trans and cisgender, are uncomfortable with
questions about their bodies, and such inquiries lead to
increased bullying for both trans and cisgender students. SB 140
harms the experience of organized sports for all Alaskan youth.
She participated in youth athletics for ten years and competed
at the collegiate level. This formative experience fostered
lifelong friendships, hobbies, and education. No student should
be denied this opportunity. She noted that competing against
transgender athletes would not have diminished her experience;
she would have had fun, done well, and been recruited to the
college team. One point of sports is rising to the challenge and
improving, no matter the competition. She said trans youth have
been competing in sports for decades. She wondered why the
sponsor suddenly presented this bill along with hypothetical
situations. Trans women are women. Supporting women's sports
includes supporting trans women in women's sports.
12:40:07 PM
REBECCA CULLENBERG, representing self, Wasilla, Alaska,
testified in support of SB 140, stating biological females
should not be discriminated against in women's sports. She said
do not let emotions and feelings influence the senate vote on
this bill and to vote based on fact. Biological males are
different than biological females, and females should not have
to compete with males in girls' sports. This sums up SB 140. She
said this bill is not about disliking the transgender community,
noting she has dear friends who have made that choice.
12:41:20 PM
CHRISTY MARVIN, representing self, Palmer, Alaska, testified in
support of SB 140, the Even Playing Act. She is a local, elite
women's athlete, middle school running coach, and mother of
three boys. She expressed her belief that girls deserve fair
competition in sports. Transgender girls should not be allowed
to compete against cisgender girls. The basis for this argument
is human biology. There is growing and ample evidence that
testosterone provides a significant performance advantage in
sports, enough so that testosterone is on the banned substances
list of anti-doping agencies worldwide. In a recent study
published in the European Journal of Applied Physiology,
biologic females have, on average, 30 to 60 percent less muscle
mass and strength compared to biologic males. Biologic males
have a larger oxygen-carrying capacity to fuel those big
muscles. A woman's VO2 max (the maximum rate of oxygen a body is
able to use during exercise) is 20 percent lower than a man's.
Allyson Felix is the most decorated woman athlete in track and
field in history. She won six Olympic gold medals; however, her
lifetime personal best in the 400-meter dash would not even put
her on the podium in high school boys' championship races. If
the world's fastest women cannot compete against high school
boys, average cisgender high school girls should not be expected
to do so. Cisgender females often reach their biologic peak by
the 8th grade. However, biologic males continue to improve at
drastic rates through middle and high school due to male
puberty. Critics argue that transgender students are subject to
bullying and high rates of suicide. The argument is transgender
girls should be allowed to compete in the girls' category due to
this discrimination. While this is certainly a problem, the
solution is not to destroy the level playing field for cisgender
females. Women have worked long and hard for a place in the
world of sports. Allowing transgender females, with their clear-
cut biologic performance advantages, to compete in the women's
division takes away the opportunity for excellence from
cisgender females. Having biologic males compete in the female
division renders the gender divide in the sport meaningless. If
this is allowed, girls' sports will soon be eliminated
altogether. Fight for every little girl who aspires to be more
than she is today. She urged committee members to give girls the
same opportunities she had.
12:44:40 PM
PHILLIP MOSER, representing self, Juneau, Alaska, testified in
opposition to SB 140, stating this bill is an attack on
transgender children, adults, and people nationwide. He
addressed several points the bill supporters brought up:
- Robbing women of scholarships. He asked what work the sponsor
of this bill is doing to increase state scholarships in Alaska,
noting a huge portion of state scholarships were lost when they
were drained into the [Constitutional Budget Reserve Fund last
year].
- Competing against the opposite sex. He participated in track
and field and football. Sports is about building character, not
about winning. He questioned whether body size is a valid
consideration in this discussion. He was not the biggest nor the
fastest and competed against students of varying sizes. Body
size should not be the basis for exclusion.
- Student preferences. Whether an athlete is straight or
transgender, students prefer inclusivity across the state and
nation.
MR. MOSER said that backers of SB 140 used similar arguments:
- to exclude LGBTQ teachers from schools,
- in "bathroom bills,"
- to rile the public,
- to attack black, indigenous people of color (BIPOC), and
- to attack transgender students.
He said, "An attack on one of us is an attack on all of us."
12:48:03 PM
SALLY POLLEN, representing self, Palmer, Alaska, testified in
support of SB 140 because girls should be able to compete in
sports against other girls. She has nothing against transgender
youth and suggests they organize and have competitions among
themselves. If this bill fails to pass, it amounts to legalized
bullying. She supports making a legal, level playing field in
girls' sports. She emphasized that there is a difference between
biological boys and biological girls.
12:50:27 PM
RAYMOND LEE, representing self, Soldotna, Alaska, testified in
opposition to SB 140, stating the bill is needlessly
discriminatory. He is a volunteer martial arts instructor.
Doctors worldwide assert that transgender people need to
transition, and those under 16 may only receive hormone
blockers, and those under 13 may not receive anything. Hormone
blockers pause the effects of puberty so that the child may
mentally mature and gain a clearer sense of self. Researchers
and doctors all advise this, and to ignore this advice is
inexcusable. The main complaint about trans youth in sports is
that they outperform cisgender youth. He questioned why
supporters of this type of legislation also refuse to allow
trans youth to have hormone blockers. Blockers would pause the
exaggerated effects of puberty and, in the supporters' view,
make competition more equal. Transgender students do not
outperform in school sports. If they had an unfair advantage,
everyone would hear about it regularly. All recent interviews
with coaches and teachers report that most transgender youths
hold an average performance record regardless of which gender
group placed. He trained plenty of women who consistently
outperformed male students through blackbelt and beyond, despite
physical differences. He does not suppose it; he sees it. These
female students make male students afraid to spar. Proponents of
this bill bring up bone density; however, the reality is that
hormone therapy drastically changes the body. Even without
hormone therapy, biological variation already exists among
cisgender people. The biological variation is more obvious in
intersex people; as an aside, he asked how intersex people fit
into this bill. In the Olympics, transgender athletes are forced
to stop hormone therapy, but intersex athletes are forced to
start hormone therapy. Supposedly, this makes the competition
fair. He wondered for whom it is fair. This is hypocritical,
inhumane, and egregiously flawed. Transgender athletes should
not have to be more like "everyone else" to qualify for sports.
Dictating body types is not the business of sports. Celebrating
abilities and accomplishments is the business of sports with the
space to learn perseverance, discipline, and health. Claiming
major differences should not be celebrated in sports is akin to
banning Michael Phelps from competition because he produces half
as much lactic acid as the average person, has an abnormally
large wingspan, and is double-jointed. The "Michael Phelpses" of
the world are not banned, making it more evident that this bill
is not actually about physical advantages.
12:52:59 PM
BROOK BEVERIDGE, representing self, Anchorage, Alaska, testified
in opposition to SB 140. She stated that transgender women are
women. Transgender and gender nonconforming youth forced to play
on teams of their assigned gender is traumatic. This bill
perpetuates the falsehood that gender only includes cisgender
men and cisgender women. This bill allows coaches and teachers
to police whether a student is transgender or not, which
violates medical privacy laws, professional expectations, and
nondiscrimination laws. Denying transgender students the
opportunity to participate in sports would likely increase their
risk for mental health issues and suicide, and it denies them
the benefits of participation. There is no age-limit scientific
data to support fairness concerns regarding the participation of
transgender and gender-nonconforming athletes. This bill
perpetuates narrow-minded stereotypes of gender and identity.
Ultimately, this is just a bill targeting an already
marginalized group of children who elected officials have an
obligation to protect. This bill is hurtful and unnecessary. SB
140 is an attack on the LGBTQ+ community under the guise of
fairness. She urged the committee to protect gender
nonconforming and transgender children by opposing SB 140.
12:55:34 PM
BRIDGET MARYOTT, representing self, Homer, Alaska, testified in
opposition to SB 140 as a mother concerned about the
implications the bill will have on the safety of children. SB
140 violates basic privacy rights and would require teachers and
coaches to verify the sex of female athletes, transgender or
not. This imposes the threat of intrusive and burdensome sex
verification on all women and girls that is impossible to square
with the Alaska Constitution. Alaska schools are not legally or
ethically authorized to verify a child's biological sex under
medical privacy and nondiscrimination laws. She said she focused
her testimony on legal issues because it is more persuasive, but
the real focus of this bill is children's lives. She expressed
hope that the committee understands the suffering this bill
could cause.
12:57:02 PM
KASEY CASORT, representing self, Fairbanks, Alaska, testified in
opposition to SB 140, because transgender girls are girls. All
children deserve to play, be supported, loved in all their
identities, and be mentored by adults they trust. Tasking
coaches and teachers with determining children's genders
violates every student's basic right to privacy and that is
unacceptable. Targeting a relatively small group of children is
nothing but bullying, and there is no excuse for using
legislative positions of power to do it. She expressed
frustration that the committee and the bill sponsor decided to
spend their limited time and resources attacking children rather
than addressing real issues in sports, schools, and other issues
facing Alaska. She shared a joyful experience that came from a
"Queer in Alaska" themed tea party. She hopes that one day all
committee members will enjoy a sense of belonging like people
felt at the tea party. She urged members not to hold another
hearing on SB 140; she does not want to spend any more time
listening to transphobia.
12:59:27 PM
VERONICA HOWARD, representing self, Anchorage, Alaska, testified
in opposition to SB 140 as a scientist, an intersectional
feminist, and a parent of a trans child.
MX. HOWARD uses the pronouns "they and them," and as a scientist
and psychologist, tries to understand most things with a simple
question: "What is the function?" Using this question to
understand SB 140, one might ask:
- why this bill is needed,
- who this bill helps and harms,
- who this bill is sponsored by and their intentions, and
- how this bill will be accomplished if passed.
MX. HOWARD asked how the spectrum of natural biological
variability is accounted for if the function of SB 140 is to
ensure parity or equity between players. Multiple times today,
testifiers listed average or simple differences between the
biological male and biological female, but biology is not
simple. Robin Rhoads testified earlier today that these are
false dichotomy arguments. These are misrepresentations of the
data on physical differences between men and women, and they
just do not fit here.
MX. HOWARD said if the function of SB 140 is to protect female
athletes' ability to access educational opportunities, maybe the
problem is affordable higher education. The committee should pay
attention to this complaint; it was reiterated multiple times
today. A solution to this problem is focusing on ways to make
higher education affordable.
MX. HOWARD said SB 140 would disproportionately impact gender
nonconforming youth who are already far more likely to have
adverse experiences, like:
- bullying,
- family alienation,
- homelessness,
- mental health issues, and
- suicidal ideation, 10 to 15 times higher than cisgender peers.
The scrutiny to enforce this bill is impractical and will expose
the state to harm. Do not pass a bill designed for unnecessary,
intrusive oversight over children's bodies. SB 140 is hateful,
impractical, and contrary to the spirit of Alaska.
1:02:30 PM
GAIL LIMBAUGH-MOORE, representing self, Soldotna, Alaska,
testified in support of SB 140, stating Title IX passed after
she was out of school. She loves sports and wonders if her
life's course would have been different had she played. Twice in
school, girls were invited to play field hockey, baseball, and
powder puff sports over a two-year period. Girls only had a few
opportunities to participate. She was discriminated against and
denied the opportunity to participate because she was female.
However, she would not have welcomed playing on a men's team;
likewise, she would not have welcomed males competing on a
women's team. The place for mixed-sex sports is a coed team.
1:04:37 PM
TAYLOR MORGAN, representing self, Fairbanks, Alaska, testified
in opposition to SB 140, stating she was the only girl on her
high school coed wrestling team in the 2010s. She competed
against boys and girls, but mostly boys, quite successfully. The
matches were not unfair but transferring adult transphobic
issues onto trans kids is. Suicide is a public health crisis in
Alaska; this bill reinforces the narrative that the state does
not take this problem seriously.
1:06:04 PM
REBECCA DEBUSK, representing self, Palmer, Alaska, testified in
support of SB 140, stating that it protects biological girls and
women in sports. It will preserve the gains won in Title IX in
the 1970s and protect biological females against unfair
competition with biological males. God created male and female
and provided each with unique qualities. Males are stronger by
design, giving them an advantage over females when competing in
sports. They would not need hormone blockers or estrogen
therapy, as one testifier suggested, if transgender girls lived
the life God gave them. She expressed her belief that if a
biological male wants to compete in sports, he should compete
against other biological males, regardless of gender identity.
He should not have an unfair advantage over biological females.
One caller said that sports are not about winning or losing.
However, it is about a biological female winning or losing a
scholarship or self-confidence due to the unfair advantage that
biological males have over biological females. Several social
workers, counselors, ministers, and minister's wives advocated
for transgender children during this call, which is
heartbreaking. They should speak to the God-given purpose for
these children, who are created in his image. God was not
confused when he created them as male or female, and he loves
them. Once children know that God loves them and created them,
they will no longer be confused and will live a peaceable life,
knowing they have a loving heavenly father with a purpose for
them. She expressed her belief that SB 140 does not discriminate
against trans people, and it supports biological females and
their right to compete on a level plain. As pointed out during
testimony, a male could not see gains or win records, so he
switched gender to compete on the women's swim team. He is now
shattering female records. This is an indication as to the
advantage males have over females. She urged the committee not
to punish females by giving into an agenda that promotes
confusion in children. Males need to know they are males and
females need to know they are females; God created people this
way for a specific purpose.
1:08:48 PM
CEDAR POLTA, representing self, Anchorage, Alaska, testified in
opposition to SB 140. She said athletics taught her many skills,
including how to lose gracefully. The spirit of Title IX is to
create more pathways to athletics and other opportunities, not
to cordon athletics off and safeguard who gets to participate.
Title IX says no person shall be excluded; this means trans
people and trans women are equally deserving of Title IX's
protection as other women. Trans women are women. She lived in
Palmer, Senator Hughes' district, for two years. She came out to
her closest friends as transgender and nonbinary while living in
Palmer in 2016. She was 28 years of age, living alone and
figuring things out in a community new to her. Living in Palmer
as a trans person was not a comfortable experience. Bathroom
bills were prolific at that time. People were deliberating about
where she should be allowed to pee. Those individuals most
uncomfortable with trans existence did not mince their words or
hide their sentiments. She was informed directly, repeatedly,
and emphatically how little she belonged. As an adult, she coped
but struggled to feel safe in a state government job where
coworkers regularly debated her rights. She stayed in the closet
at work until she left the valley. She loves the valley, but it
is hard to think about moving back because it is hard to feel
welcome there. Another transphobic bill is under consideration
today. SB 140 is aimed at telling all youth that they will never
be recognized for anything but their genitalia. Trans youth are
excessively bullied and often pushed into suicide. It is
heartbreaking to think of trans youth in the valley terrified to
be who they are. She asked why the legislature is considering a
bill that makes it harder for trans youth to exist, live, and
enjoy team camaraderie like their peers do. She asked what this
bill accomplishes by defining children by their genitalia in a
state with the highest rate of child sexual abuse in the nation.
Rebutting the testifier who maintained birth certificates
provide adequate proof of sex, she has a birth certificate that
indicates she is nonbinary. At least five states currently allow
birth certificates to list sex as nonbinary. Regardless of its
justification, this bill is a far overreach that will harm
children, teenagers, and college students, adding to their
trauma and creating additional obstacles to overcome. She asked
how SB 140 helps anyone when it is wrong, poorly thought out,
and should not advance.
1:11:11 PM
BERT HOUGHTALING, representing self, Big Lake, Alaska, testified
in support of SB 140, stating he identifies as a human being. He
is biologically a male and has a daughter that is biologically a
female, according to science. He heard more racist,
discriminatory, hate-filled speech today than he has ever heard
in another single setting. The LGBTQ trans community of Alaska,
who have rallied against this bill, discriminates against
biological females. This community argues that males are
biologically equal to females. In either direction, females are
uniquely different than males. Biological males need to compete
against other biological males, and biological females need to
compete against biological females. Only 1.7 percent of the 7
billion plus people in the world identify as intersex; of these,
only .2 percent have body parts that fall outside the strict
male/female binary. He said SB 140 is not a transgender bill or
intersex bill. He said this bill ensures discrimination against
girls and women does not occur, explaining it is unfair and
unfortunate that females compete against males for athletic
scholarships.
1:14:07 PM
JULIA DENOTO, representing self, Denali, Alaska, testified in
opposition to SB 140, stating this bill is about fairness, and
it is fair to let trans kids play sports. Women's sports include
trans women. Girls' sports include trans girls because trans
girls are girls. People like Senator Hughes, who claim to be
fine with trans people, ultimately are not fine when it comes to
sports. Trans people are not divisible, allowed to exist in one
place but not another. People who claim to support trans people,
must support them everywhere. The supposed experts that
testified in committee last week are just making a hate-filled
circuit nationwide. It was hard to watch and a joke. She joined
the chorus of Alaskans saying SB 140 is proposing to solve a
problem that does not exist. This bill would put all children at
risk of traumatizing, horrible underpants checks, both
transgender and cisgender kids. She asked how well an athlete
must perform before being accused of being transgender and
required to submit to an underpants check. She opined that out-
of-state influencers are attempting to use this bill and
Alaskans for a purpose other than sports.
1:15:49 PM
MELISSA SYPHUS, representing self, Anchorage, Alaska, testified
in opposition to SB 140, stating the aim of this bill is to
slowly exclude transgender people from participating in sports.
The claims of inherent physical advantages made by proponents of
this bill are baseless and rooted in transphobia. Enacting SB
140 will violate transgender and gender nonconforming students'
right to privacy and further stigmatize transgender teens from
their peers. If Alaskans care about trans kids in the community,
laws should support and include them, not separate them from
public life. She urged committee members to oppose SB 140 and
allow trans youths to succeed in sports among their peers.
1:16:59 PM
DAVID NEES, representing self, Anchorage, Alaska, testified in
support of SB 140, stating he coached 7th to 12th grades for 75
seasons in Anchorage. Each sport had divisions for males and
females. When he went to college, the number of male
opportunities to participate in sports was greater than for
females. Title IX changed this, requiring sex equity in sports
opportunities. SB 140 complies with the Title IX stipulation
that schools receiving federal funds must ensure sex equity in
sports opportunities. The Alaska [School Activities Association]
requires a medical physical examination to participate in school
sports. If a student wants to participate in a school sport, the
Alaska Constitution does not protect that student from the
physical exam requirement. The medical physical does not require
students to indicate their sport(s). He said coaches do not
conduct medical physical exams, and noted that he is neither a
doctor nor nurse practitioner, is not qualified to perform
medical physicals, and never had to do a "turn and cough"
testicular exam on any players. The current inequality in sports
exists because people born with XY chromosomes are permitted to
compete with those born with XX chromosomes. He urged the
committee to keep the competition fair for girls.
1:19:17 PM
SUZY CROSBY, representing self, Wasilla, Alaska, testified in
support of SB 140, stating this bill is not about transphobia.
People are welcome to make choices on how they identify and live
their lives accordingly. However, when transgender athletes
compete against biological women, women's sports are no longer
women's sports. The sport becomes a unisex athletic event. SB
140 protects the opportunity of biological girls to compete on a
level playing field against other girls. In 1972, Title IX paved
the way for women to compete and excel in sports for the first
time in American history. The inroads for women are undone by
allowing trans-identifying, biological males to compete, robbing
women of Title IX's opportunities. Some competitive events, like
debate teams, are coed because there is no inherent advantage to
having or lacking either gender's size, strength, or hormones.
Even the Iditarod, like most other dog races, has just one
division, recognizing that the true athletes in the race are the
dogs themselves. In the middle of the pack of any coed sport,
some women will beat some men. She could have proven the point
racing the giant slalom or downhill when she routinely beat
about 2/3 of the men she raced. However, at the top three places
in almost any competitive sport, there is a clear pattern of top
men finishers ahead of the top three women. In competitions
where stature, strength, stamina, and speed determine the
winner, post-pubertal, biological males have an indisputable and
well-documented advantage over their female counterparts.
Separate men's and women's divisions in team and individual
sports address those fundamental biological differences.
Testifiers presented a lot of red-herring arguments today. This
bill is not about the potential for sexual assaults in locker
rooms, panty checks to identify sex, or whether birth
certificates do or don't identify sex. The matters SB 140
addresses are simple fairness and physical safety. Even Caitlyn
Jenner is on record, saying it is not fair. It is unfair to
women, who waited for decades to play sports, to compete against
women born as men. The ultimate dilemma is women's rights versus
transgender rights; you cannot have it both ways.
1:22:04 PM
MARINA DAY, representing self, Fairbanks, Alaska, testified in
opposition to SB 140, stating she played on a women's hockey
team that won first place in a Fairbanks men's league a few
years back. The best players on the women's team played with the
boys and were conditioned from an early age to play better, get
stronger, and move faster. Lately it has become popular to
introduce discriminative legislation like SB 140, even though it
is un-American and unconstitutional. Compliance protections in
Sec. 14.18.160 of the bill prevent schools from considering
disputes filed by caring adults and organizations. This bill
smells rotten and is unconstitutional under Title IX, which
states, "No person in the United States shall, on the basis of
sex, be excluded ..." The narrow view of biological sex
mentioned is not supported by research or science. She brought
up the subjects of bill enforcement and intersex children,
asking who would join the core of gender police to enforce this
legislation and ensure children's right to privacy. Trans kids
have a right to be happy and have productive lives. She cited
Lia Thomas, the trans woman swimmer who said, "Before I came
out, I couldn't visualize the future." She said this bill is
only good for greedy Trumpism-fundraising and urged the
committee to kill it.
1:24:35 PM
ELIZABETH CHASE, representing self, Kasilof, Alaska, testified
in support of SB 140, stating this bill protects young ladies
from competing with biological males who have an unfair physical
advantage in sports. To do otherwise is cruel. SB 140 does not
discriminate against the LGBTQ community, as testifiers today
suggested. It is sad that Alaska had to bring SB 140 forward,
but the problems happening in the Lower 48 due to an agenda
pushed by the gay community spurred this bill forward. It
prevents girls in Alaska from having to experience those
problems. She applauded the legislators sponsoring SB 140.
1:26:19 PM
SARA CHAPELL, representing self, Haines, Alaska, testified in
opposition to SB 140, stating the Haines Borough School District
supports students reaching their full potential by prioritizing
a culture of inclusion; and honoring diversity, safety, respect,
and responsibility. She served on the Haines Borough School
Board in 2016 when it adjusted to include gender identity and
nondiscrimination policies. It was not a controversial
adjustment, given that Haines had a trans student in high school
at the time. Haines prioritizes funding for students and being a
small district, the budget is always tight. The district makes
tough budget choices, but activities, including sports, are
essential for some students. Activities can be the one pursuit
keeping a young person engaged and thriving in school.
Activities foster belonging, camaraderie, and improved self-
confidence are about much more than winning or losing. It is
ridiculous to deny children this opportunity because they live
according to their gender identity. She noted that the
transgender student mentioned earlier was not from Haines
because Haines puts students first. She moved to the community
as a teenager and could have been met with disdain. Instead, she
was loved and supported and she thrived. Young people deserve
respect and support. They should be allowed to participate in
all activities, including sports, in concert with their lived
identity. She urged the committee to vote against moving SB 140
from committee, stressing her opposition to this unnecessary and
discriminatory bill.
1:28:33 PM
CHAMI KRUEGER, representing self, Wasilla, Alaska, testified in
opposition to SB 140, stating she is the parent of a trans
youth. She asked Senator Hughes to explain why she needs to
dictate who her child is. She asked committee members to believe
God created her child and expressed doubt that God would allow
her to reside in discomfort when she has identified as queer her
entire life and knows what she stands for, who she is, and
loves. Ms. Krueger said she does not understand why the bill
sponsor wants to waste time and money on something that is not a
problem. She stressed this bill violates the Alaska Constitution
and Alaskans right to privacy and self-determination. SB 140
will end up in litigation if it passes, which will be costly for
the state. She asked committee members to stand with trans youth
in opposing SB 140.
1:30:25 PM
WILLIAM MCKENZIE, representing self, Fairbanks, Alaska,
testified in opposition to SB 140. He has coached and
participated in high school athletics and can attest to the
importance of athletics for youth. A lot of kids are lost
without such a community. He described SB 140 as harmful and
unnecessary and unsupported by legitimate studies or data.
Alaska is a hard place to live; it has a high adult and teen
suicide rate, and putting these individuals at greater risk is
tragic. He characterized SB 140 as politically motivated and
without moral justification.
1:31:56 PM
JAIME YOU, representing self, Anchorage, Alaska, testified in
opposition to SB 140, stating that he is a nonbinary transgender
man. He wants transgender girls to have the same opportunities
that he had growing up. He participated on a fencing team, had
fun, learned a lot, and made memories. It was an important
experience. This bill is vague, and lacks the specificity needed
to weed out transgender people. He explained the origins and
purpose of Title IX and concluded that SB 140 is not a
commonsense bill.
1:34:20 PM
JACQUELYN GOFORTH, representing self, Palmer, Alaska, testified
in support of SB 140, stating she studies archeology and there
is a forensic difference between men and women. Sex
determination is the priority of a forensic investigator
identifying bodies mutilated beyond recognition, like in a plane
wreck with severely burned passengers. The National Institute of
Health reports the sex-determining region Y (SRY) gene is used
as a sex-typing marker as the results are said to be 100 percent
accurate. Biological differences between males and females exist
and will always exist. Only conscious individuals can be a
gender other than the one they were born with because their
unconscious self will always identify what the individual is.
1:36:04 PM
APRIL GARZA, representing self, Eagle River, Alaska, testified
in opposition to SB 140. Trans-athletes are the gender to which
they identify. Having this discussion, in and of itself, is
discriminatory because it discriminates against trans-athletes.
She wondered how many transgender adults were able to voice an
opinion during the crafting of SB 140 and weigh in on what being
a member of the trans community looks like or how this bill
would affect them. SB 140 attempts to negate the existence of
the trans community. She is a biological woman and she cares
about all people regardless of their appearance, identity, or
behavior even in the Senate.
1:38:43 PM
TRACEY WIESE representing self, Anchorage, Alaska, testified in
opposition to SB 140, stating she is a board-certified family
and nurse practitioner and a psychiatric nurse practitioner. She
is the clinical director at Identity Health Clinic, the only
health clinic directly serving the needs of the lesbian, gay,
bisexual, transexual, two-spirit, intersex, asexual (LGBTQ2IA)
community in Alaska. She expressed frustration at having to
testify before the legislature again to defend a community's
right to exist. One social determinant of health is access to
safe recreational spaces, allowing people to build foundations
necessary for self-actualization and wellness. She challenged
committee members to look her young clients in the eye and tell
them they have no right to participate in sports. This right is
the basis for self-actualization and the right to be themselves.
She heard more misrepresented science facts espoused today than
in her entire life and asked where the evidence is that:
- biology supports two sexes,
- genetic science offers two chromosomal combinations for
gender, and
- women are harmed by the presence of transgender women in
sports.
There is no evidence for those things, but there is evidence for
a disproportionate burden of suicide completions, intravenous
drug use, unhoused, and chronic mental and physical health
conditions. SB 140 does not make sense and is a waste of time.
It diverts attention from pressing Alaskan issues like sexual
abuse, domestic violence, and suicide.
1:41:03 PM
GREG WEAVER, representing self, Mat-Su, Alaska, testified in
support of SB 140, stating he has affiliations with lifelong
Alaskans and disabled veterans who live on the road system where
the capital should be. He also has affiliations with logic,
commonsense, and nature, not science or those who pick and
choose their science. He is a believer, a father, a son, and a
defender and provider for those he cares about and loves. He
said that his father is a 100 percent disabled Marine Corps
veteran and he too is disabled. He has been called a lesbian
trapped in a man's body, and is a member of one of the most
hated demographic groups in the country: the middle-aged,
straight, white man who believes in common sense and working
hard. He said many individuals have disabilities, some are
congenital, and some are chosen. Many of those who oppose SB 140
chose not to identify with their assigned sex at birth, a choice
enabled by doctors and surgeons with back pockets. Many callers
who testified today are probably alone, anti-social, attention-
seekers. He encouraged the custodians of these testifiers to
reflect on their likely lack of parenting, although a lot of it
is not their fault. Much of the blame is on Washington, D.C.,
but still, everyone should be accountable for themselves. He
takes pride in having raised his children naturally and
organically to depend on and defend themselves. Women's rights
will be trodden if the legislature fails to pass SB 140. He
expressed appreciation to the legislators promoting the bill
sponsors as it is legislation worthy of laying down his life to
defend.
1:44:13 PM
MARK ZIMMERMAN, representing self, Anchorage, Alaska, testified
in opposition to SB 140 and with a heavy heart. He said this
biological investigation is not the last step in the
overreaching agenda of politicians playing chromosome police.
Sports bans happening in Texas, Idaho, and Florida are more
often than not the vanguard for legislation leading to stripping
LGBTQ topics from schools and preventing trans children from
receiving gender-affirming medical treatment. Reactionary
politicians want Alaskans to believe this legislative move on
trans children will end with sports; it definitely will not.
Adults with situational power who constantly investigate trans
and cisgender girls will not protect female adolescents, and it
is invasive under current medical privacy laws. Minors who were
girls at birth will find themselves frequently surveyed in an
uncomfortable and predatory manner. Minors who are girls by
transition are even more vulnerable as a result of this bill. SB
140 combines genital surveillance with the prospect of being
tossed out and suffering severe mental and physical health
consequences. Giving state-sponsored immunity to child
molesters, which the language of this bill implicitly allows so
they can survey children unopposed, does not protect school
sports. He expressed surprise that conservative traditionalists
in power are suddenly concerned about women's rights despite the
many biological women calling in opposition. This legislation
hints at a more politically motivated intention, especially
given that trans girls are specifically targeted but not trans
boys. He asked whether the committee cared if transgender men
perform with cisgender men.
1:46:52 PM
JACOB BERA, representing self, Peters Creek, Alaska, testified
in opposition to SB 140, stating he has been an educator for 19
years, a cross-country running coach for 16 years, and has two
daughters. He follows a coaching philosophy of welcoming all
abilities, and everybody on the team races. He works hard to
foster an inclusive environment in the classroom and on the
trails and thinks SB 140 will undo these efforts. This bill will
further harm the mental health and well-being of trans youth in
schools. He teaches trans youth every year and sees the
tremendous pressures they face to be welcomed and included. It
is heartbreaking to witness trans students harming themselves in
the struggle for acceptance. Not many trans youth flock to
sports teams, and due to bills like this, he does not blame
them. He is ashamed of SB 140; there is more important work to
do. He wanted to hear the community's thoughts, so he curiously
listened to today's testimony. He expressed pride at the
overwhelming testimony against SB 140 and hearing all the love
and support surrounding and protecting trans youths. Do not let
politics or religious sentiment exclude all of God's children
from being welcomed and included, he said. Rather than speaking
on behalf of notable athletes, let them testify for themselves
on SB 140. He urged committee members to devote more time to
ensuring trans youth are supported and loved in Alaska.
1:48:55 PM
ERIN WILLAHAN, representing self, Anchorage, Alaska, testified
in opposition to SB 140 as a lifelong Anchorage resident,
student-athlete at the high school and collegiate levels, and as
a cisgender woman. This bill is egregious, discriminatory,
hateful, dangerous, and unethical. It is a myth that transgender
women harm cisgender women in sports competitions. Excluding
women that are trans hurts all women. Gender policing subjects
trans and cisgender student-athletes to invasive,
discriminatory, and harmful tests. It also subjects them to
accusations of being too masculine or good to be "real" women.
This is divisive, stigmatizing, and creates deadly risks. This
myth also reinforces stereotypes that women are weak and need
protection. The bill's motivation is not about protection but
exclusion, the exclusion of trans women from more public spaces.
Athletes vary in ability, whether trans or cisgender, often due
to reasons beyond the biological sex assigned at birth or
pseudo-science. For example, consider parents who spend
thousands of dollars on a child's training outside school. No
evidence exists to prove that the cisgender girl, who claims
trans athletes have an unfair advantage, does not already
consistently perform as well or better than transgender
competitors. During her athletic career, it was an honor to
compete alongside fellow teammates and opponents, trans,
nonbinary, and cisgender alike. Factors that hurt women's sports
are lack of funding and anti-LGBTQ disport such as SB 140. This
has hurt the people she loves and the family she found
participating on sports teams. Trans women are women. Every
woman and girl has the right to participate in sports, play, and
privacy. Forcing trans youth to endure the vitriolic,
dehumanizing discourse this hateful bill creates is shameful.
1:51:23 PM
DR. MAUREEN LONGWORTH, representing self, Juneau, Alaska,
testified in opposition to SB 140. She is a lifetime member of
the American Academy of Family Physicians and is now retired,
having practiced in Alaska for over 30 years. She directed
committee members to the evidence-based recommendations of the
American Medical Association (AMA), citing discrimination and
feelings of inequality that contribute to increased mental
health problems, drug abuse, and suicide in children and teens.
The AMA specifically opposes legislation that compounds the
stigma and discrimination that transgender people face. They
specifically address preventing sports discrimination in their
recommendation. It is obvious how discrimination against any
individual or any group of individuals contributes to disease
and social unrest. She urged the committee to vote no on SB 140
for the health of Alaska communities.
1:53:07 PM
CAITLIN KIRBY, representing self, Haines, Alaska, testified in
opposition to SB 140 as a gay woman. She described the bill as
discriminatory, misogynistic, and a perpetuation of harmful
gender stereotypes. It targets and invades the privacy of
children. She questioned the message of SB 140, stating it
encourages limiting the right to privacy and autonomy. This bill
requires educators to single out children who are perceived to
be different, subjecting them to a questionable and humiliating
gender confirmation process and excluding them from the
activities of their peers. SB 140 lacks fairness and common
sense. Trans women and girls are women and girls. She questioned
whether the government has the right to decide the defining
characteristics of a woman. It is unconstitutional and
dehumanizing to ask women to prove their womanhood. This bill is
an example of egregious government overreach.
1:54:25 PM
JEREMY HAWK, representing self, Kasilof, Alaska, testified in
support of SB 140, stating Alaska needs to protect biological
women's rights from further erosion. Many people who oppose this
bill use hyperbole, untruths, and lies. A previous testifier
said physical examinations performed by a doctor are required to
participate in team sports. He asked testifiers to stop
repeating the lie that coaches and teachers will perform
underpants checks to identify biological sex; a doctor will make
that determination. He finds it gross and creepy to require
young biological women to share locker rooms with biological
males; the same goes for hotel rooms on school trips.
1:55:53 PM
ELEILIA PRESTON, representing self, Wasilla, Alaska, testified
in support of SB 140 as a mother and teacher of dozens of young
girls. It is unfortunate that Alaska needs this bill to prevent
males from dominating women's sports. Her son listened to many
testimonies today and recommends talking to the children,
because he believes they do not want mixed-sex sports. She has
heard male students mention they do not want females in their
sports because they do not want to hurt them. They want to be
gentle and kind. It is unfortunate that men want to participate
in female sports and would want to be hurtful. It is only
possible to play sports well by coming into physical contact and
touching places that females may not like. She expressed
gratitude for SB 140.
1:58:02 PM
MOLLY MILLER, representing self, Kodiak, Alaska, testified in
opposition to SB 140. She was born and raised in Kodiak, and
recently had returned to Kodiak as an adult. She reiterated the
message of previous testifiers, stating this bill violates basic
privacy rights, targets trans girls with harmful effects, and
the legislation is awful. Trans girls are girls, and trans boys
are boys. The transphobia expressed by people supporting this
bill is outrageous. She urged committee members to think of all
children, both transgender and cisgender, and reject SB 140.
1:59:36 PM
ROSE O'HARA-JOLLEY, representing self, Fairbanks, Alaska,
testified in opposition to SB 140. She relayed the story of how
she was named, explaining it is one of the oldest stories she
knows of herself and of its importance to her identity. She told
callers and those listening that people on the teleconference
may not see them, but one day, they will find a family and a
whole community of people that do see them. She gave a message
of love and hope, stating everyone is valuable.
2:02:00 PM
CHAIR HOLLAND closed public testimony and held SB 140 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 140 Testimony - Support Concerned Alaskan Coaches and Athletes Group Letter.pdf |
SEDC 3/12/2022 10:00:00 AM |
SB 140 |
| SB 140 Presentation 03.03.2022 Reduced.pdf |
SEDC 3/12/2022 10:00:00 AM |
SB 140 |
| SB 140 Testimony - Opposition Recieved as of 3.15.2022.pdf |
SEDC 3/12/2022 10:00:00 AM |
SB 140 |
| SB 140 Testimony - Support Recieved as of 3.16.2022.pdf |
SEDC 3/12/2022 10:00:00 AM |
SB 140 |