Legislature(2021 - 2022)BUTROVICH 205
03/12/2022 10:00 AM Senate EDUCATION
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ALASKA STATE LEGISLATURE SENATE EDUCATION STANDING COMMITTEE March 12, 2022 10:02 a.m. MEMBERS PRESENT Senator Roger Holland, Chair Senator Gary Stevens, Vice Chair Senator Shelley Hughes Senator Peter Micciche Senator Tom Begich MEMBERS ABSENT All members present COMMITTEE CALENDAR SENATE BILL NO. 140 "An Act relating to school athletics, recreation, athletic teams, and sports." - HEARD & HELD PREVIOUS COMMITTEE ACTION BILL: SB 140 SHORT TITLE: DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS SPONSOR(s): SENATOR(s) HUGHES 05/12/21 (S) READ THE FIRST TIME - REFERRALS 05/12/21 (S) EDC 03/03/22 (S) EDC AT 10:00 AM BUTROVICH 205 03/03/22 (S) Heard & Held 03/03/22 (S) MINUTE(EDC) 03/12/22 (S) EDC AT 10:00 AM BUTROVICH 205 WITNESS REGISTER EMMA ZINK HATCHER, representing self Douglas, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MORGAN LIM, Planned Parenthood Alliance Advocate (PPAA) Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. DAVID IGNELL, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. NOAH WILLIAMS, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JACQUELINE WICWILLOW, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. VINCENT FEUILLES, representing self Wasilla, Alaska POSITION STATEMENT: Testified in opposition to SB 140. HAILEE WALLACE, representing self Sitka, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ALEXANDER MORIARTY, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KATIE BOTZ, representing self Juneau, Alaska POSITION STATEMENT: Testified in support of SB 140. LINDSAY WILLIAMS, representing self Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 140. CHARLENE APOK, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. RYAN MORSE, representing self Sitka, Alaska POSITION STATEMENT: Testified in opposition to SB 140. LIZ LYKE, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ALYSSA QUINTYNE, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JULIA TERRY, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. LESLIE FAILS, Minister Unitarian Universalist Fellowship Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ROBERT WICWILLOW, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KELLY NASH, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in support of SB 140. JUDY ELEDGE, representing self Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 140. KAREN BAKER, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KYNDLE KIRBY, representing self Palmer, Alaska POSITION STATEMENT: Called in support of SB 140. DIDI PETERS, representing self Kenai, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MARY ELIZABETH KEHRHAHN-STARK, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. VALORRAINE DATTAN, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. LIN DAVIS, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KASSANDRA SMILEY, representing self Eagle River, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MAEVE SPIEGLER, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JUSTINE SLATER, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. CAROLINE PORTER, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. EMILY BUTLER, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JANICE PARK, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. RICHARD "OLE" LARSON, representing self Wasilla, Alaska POSITION STATEMENT: Testified in support of SB 140. JESSICA ROZATO, representing self Denali, Alaska POSITION STATEMENT: Testified in opposition to SB 140. CHANDA FILE, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. CHRISTINA EUBANKS, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MO DART, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MATTHEW SAMPSON, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in support of SB 140. EMILY COHEN, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KIMBERLY BRILL, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. LISA GENTEMANN, representing self Eagle River, Alaska POSITION STATEMENT: Testified in support of SB 140. FRANA BURTNESS-ADAMS, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JULIE SMYTH, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ROBIN RHOADS, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ELLIE HOGENSON, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. SARAH MURTADA, representing self Palmer, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ARLEIGH HITCHCOCK, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JESSICA GREENE, representing self Anchorage, Alaska POSITION STATEMENT: Offered testimony in opposition to SB 140. KENDAL KRUSE, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. GRETCHEN GORDON, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. SUMMER ANDERSEN, representing self Haines, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MARY SZATKOWSKI, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. REBECCA CULLENBERG, representing self Wasilla, Alaska POSITION STATEMENT: Testified in support of SB 140. CHRISTY MARVIN, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. PHILLIP MOSER, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. SALLY POLLEN, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. RAYMOND LEE, representing self Soldotna, Alaska POSITION STATEMENT: Testified in opposition to SB 140. BROOK BEVERIDGE, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. BRIDGET MARYOTT, representing self Homer, Alaska POSITION STATEMENT: Testified in opposition to SB 140. KASEY CASORT, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140 VERONICA HOWARD, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. GAIL LIMBAUGH-MOORE, representing self Soldotna, Alaska POSITION STATEMENT: Testified in support of SB 140. TAYLOR MORGAN, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. REBECCA DEBUSK, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. CEDAR POLTA, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. BERT HOUGHTALING, representing self Big Lake, Alaska POSITION STATEMENT: Testified in support of SB 140. JULIA DENOTO, representing self Denali, Alaska POSITION STATEMENT: Testified in opposition to SB 140. MELISSA SYPHUS, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. DAVID NEES, representing self Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 140. SUZY CROSBY, representing self Wasilla, Alaska POSITION STATEMENT: Testified in support of SB 140. MARINA DAY, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ELIZABETH CHASE, representing self Kasilof, Alaska POSITION STATEMENT: Testified in support of SB 140. SARA CHAPELL, representing self Haines, Alaska POSITION STATEMENT: Testified in opposition to SB 140. CHAMI KRUEGER, representing self Wasilla, Alaska POSITION STATEMENT: Testified in opposition to SB 140. WILLIAM MCKENZIE, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JAIME YOU, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JACQUELYN GOFORTH, representing self Palmer, Alaska POSITION STATEMENT: Testified in support of SB 140. APRIL GARZA, representing self Eagle River, Alaska POSITION STATEMENT: Testified in opposition to SB 140. TRACEY WIESE representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. GREG WEAVER, representing self Mat-Su, Alaska POSITION STATEMENT: Testified in support of SB 140. MARK ZIMMERMAN, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JACOB BERA, representing self Peters Creek, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ERIN WILLAHAN, representing self Anchorage, Alaska POSITION STATEMENT: Testified in opposition to SB 140. DR. MAUREEN LONGWORTH, representing self Juneau, Alaska POSITION STATEMENT: Testified in opposition to SB 140. CAITLIN KIRBY, representing self Haines, Alaska POSITION STATEMENT: Testified in opposition to SB 140. JEREMY HAWK, representing self Kasilof, Alaska POSITION STATEMENT: Testified in support of SB 140. ELEILIA PRESTON, representing self Wasilla, Alaska POSITION STATEMENT: Testified in support of SB 140. MOLLY MILLER, representing self Kodiak, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ROSE O'HARA-JOLLEY, representing self Fairbanks, Alaska POSITION STATEMENT: Testified in opposition to SB 140. ACTION NARRATIVE 10:02:16 AM CHAIR ROGER HOLLAND called the Senate Education Standing Committee meeting to order at 10:02 a.m. Present at the call to order were Senators Begich, Micciche, Stevens, Hughes and Chair Holland. 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. 2:02:28 PM There being no further business to come before the committee, Chair Holland adjourned the Senate Education Standing Committee meeting at 2:02 p.m.
Document Name | Date/Time | Subjects |
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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 |