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NC House, Senate have passed transgender athlete bills. Here's how they are different.

The once-identical versions of the "Fairness in Women's Sports Act" now have significant differences in the state House and Senate.
Posted 2023-04-20T15:24:14+00:00 - Updated 2023-04-20T20:38:43+00:00

North Carolina lawmakers this week passed different versions of a bill to ban transgender women from playing girls' sports in the state.

The Senate passed its version of the "Fairness in Women's Sports Act" on Thursday, 29-18 with all Republican supporting and all Democrats opposing. The House passed its more expansive version on Wednesday with a veto-proof majority that included three Democrats.

The U.S. House of Representatives passed a similar measure Thursday.

There are two significant differences between the Senate version, (Senate Bill 631), and the House-passed version (House Bill 574).

The bills will have to be reconciled in the legislature with both chambers passing the same version before it can go to the governor. Twenty-one states have passed similar bans.

Can girls play on boys' teams?

Both bills say that "athletic teams designated for females, women, or girls shall not be open to students of the male sex."

But the House bill says that girls are not allowed to play on boys' teams unless there is no comparable female team and that sport is not wrestling.

The Senate bill does not have any restrictions on girls playing on boys' teams.

The House version, if enacted, could force transgender boys to play on girls' teams since sex, for purposes of playing on an athletic team, is determined by birth certificate. For example, a 17-year-old transgender boy would have to play on a girls' high school softball or soccer team because the bill states that "a student's sex shall be recognized based solely on the student's reproductive biology and genetics at birth."

What schools would be covered by the bill?

Both bills apply to middle school and high school teams in North Carolina, including charter, regional and laboratory schools as well as private church, religious charter or any qualified nonpublic school that is a member of the North Carolina High School Athletic Association or, if not a member, when it is is playing a NCHSAA member.

The House version applies to colleges in North Carolina. Any athletic teams sanctioned for play in the NCAA, NAIA or NJCAA to represent any UNC System school, any community college under the jurisdiction of the State Board of Community Colleges and any private college or university located in the state would be covered.

Additionally, recreational or intramural sports organized by any UNC System college or university as well as any community college under the jurisdiction of the State Board of Community Colleges would likewise have to comply with the bill.

The Senate version only applies to middle school and high school teams and athletes.

"I worry about any backlash from the NCAA and I don't want to put our colleges at a disadvantage," said Sen. Vickie Sawyer, an Iredell County Republican and one of the primary sponsors of the bill. "I wanted to make sure that we can protect as many women as possible and that was what we can control, and that's K-12 sports.

"I don't disagree with the college sports idea. I did not want to get into an area that would put this bill in jeopardy."

How common are transgender athletes in NC?

Current rules in North Carolina allow transgender athletes to play sports based on their gender identification, though it requires a lengthy process, including medical information.

There have been 18 gender-waiver requests submitted to the North Carolina High School Athletic Association since its current policy was put in place before the 2019-20 school year. One was incomplete. One was denied.

Of the 16 that have been approved, 14 were biological females requesting to play on boys' teams. Just two were biological males requesting to play on girls' teams, according to Que Tucker, the commissioner of the NCHSAA. There requests do not mean those athletes tried out for the team or made the team.

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