Kentucky state legislators voted overwhelmingly Wednesday to override Democratic Gov. Andy Beshear’s veto of a bill barring male-born athletes from girls’ and women’s sports.
The Senate voted 29-8 to override the veto of Senate Bill 83, known as the Save Women’s Sports Act, followed by the House, where the vote was 72-23. Kentucky only requires a simple majority of each chamber for a veto override.
“The General Assembly stands with female athletes all over the state of Kentucky and everywhere in this nation, and we want to encourage their hard work and achievements,” said Republican state Sen. Robby Mills, the bill’s sponsor.
Kentucky became the 15th state to pass a law aimed at protecting the integrity of female sports amid a national debate over fairness and inclusion spurred by male-born athletes seeking to compete based on their self-professed gender identity.
In his April 6 veto message, Mr. Beshear characterized the bill as discriminatory and unnecessary, saying it would “ban transgender children from participating in girls’ and women’s sports without presenting a single instance in Kentucky of a child gaining a competitive advantage as a result of sex reassignment.”
The bill would prohibit male-born athletes from competing in female sports in grades 6-12 and college, with the student’s sex determined by the original, unaltered birth certificate or an affidavit from the medical professional conducting the annual sports physical.
During Wednesday’s floor debate, Democrats argued that the Kentucky High School Athletic Association’s rules on transgender athletes were sufficient, and predicted that the law would invite an equal-protection lawsuit.
“We are talking about 12-, 13-, and 14-year-old girls here in Kentucky who will be told that because they are transgender children, they are not allowed to participate with their classmates,” said Democratic state Sen. Karen Berg.
The law does not prevent male-born students who identify as female from participating in coed, boys’ or men’s athletics.
The Kentucky veto override wasn’t the first this year of a bill on transgender participation in female sports, and probably won’t be the last.
Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb, both Republicans, vetoed similar measures last month, but the Utah Legislature immediately overrode Mr. Cox’s veto.
The Indiana General Assembly is expected to take up Mr. Holcomb’s veto at the May 24 veto session.
The American Civil Liberties Union of Kentucky accused lawmakers of “jeopardizing our children’s mental health, physical well-being, and ability to access educational opportunities,” but did not announce immediate legal action.
“Transgender and non-binary Kentuckians still have rights and are protected from discrimination under the U.S. Constitution and other federal and state laws,” said ACLU spokesperson Samuel Crankshaw. “Schools and athletics organizations must follow these laws and not exclude transgender students from participating fully in school activities.”
At least two states have seen courts block their laws temporarily pending legal action.
In the gallery during the debate to support the veto override was University of Kentucky swimmer Riley Gaines, who has spoken out against rules allowing male-born swimmers in women’s sports.
She tied for fifth in the 200-yard freestyle last month with Lia Thomas, who swam on the University of Pennsylvania men’s team before transitioning to female, at the NCAA Division I women’s championships.
“Today is a great day for women and girls in Kentucky,” said David Walls, executive director of the Kentucky-based Family Foundation. “Biology matters and female athletes deserve a fair and level playing field.”
He said that “when males are allowed to compete in girls’ sports, they take championships, recognition, and opportunities that belong to female athletes. Thankfully, with SB 83 becoming law, girls in Kentucky can know they have a fair opportunity to compete and take advantage of sports opportunities meant for them.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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