Alabama extends K-12 ban on male-born athletes in female sports to college level

Alabama Gov. Kay Ivey signed legislation Tuesday requiring college athletes to compete based on their biological sex, expanding the state’s ban on male-born athletes in female secondary sports to higher education.

House Bill 261 requires two- and four-year public colleges and universities to prohibit biological males from participating in female sports, and blocks biological females from joining teams designated for males. The state barred biological males from K-12 scholastic athletics in 2021.

“Look, if you are a biological male, you are not going to be competing in women’s and girls’ sports in Alabama. It’s about fairness, plain and simple,” the Republican Ivey said after signing the measure.

The bill passed overwhelmingly in the House and Senate, with several Democrats joining Republicans to support the legislation on what has typically been a party-line issue in state legislatures and Congress.

“This bill passed with bipartisan support in the House,” said Republican state Rep. Susan Dubose on Fox Business. “We had tremendous support from Republicans and Democrats. Fathers went down on the floor — a Democrat father went down on the floor and spoke. They want their girls to play with other girls. It just doesn’t make sense otherwise.”

The American Civil Liberties Union of Alabama blasted the bill after the Legislature sent it to the governor last week, saying there is “no known trans athlete asking to compete in any of the state’s 2- and 4-year college teams.”

“The consequences of HB 261 go far beyond an athlete’s college eligibility,” said ACLU policy and advocacy director Dillon Nettles in a May 25 statement. “This bill is not only wrong, it’s unnecessary. Its only purpose is to shame transgender people publicly. The reality is that trans folks will always be part of our schools, universities, & our community.”

: I just signed HB261 to protect women’s sports in public colleges and universities.

If you’re a biological male, you are not going to be competing in women’s and girl’s sports in Alabama. It’s about fairness, plain and simple. #alpolitics

— Governor Kay Ivey (@GovernorKayIvey) May 30, 2023

Such concerns have failed to stem the tide of red states taking action on transgender athletes in sports. So far 21 states have enacted laws barring biological males from female sports at the K-12 or collegiate level, or both.

Texas recently passed similar legislation extending its 2021 law banning male-born athletes in K-12 female sports to include college athletics, sending the bill to Republican Gov. Greg Abbott.

Terry Schilling, president of the American Principles Project, said that “Alabama has made the right decision to protect women’s sports in college in addition to K-12.”

“Women’s sports should be for women, period,” said Mr. Schilling. “That goes for collegiate athletics just as much as any other level. The science is clear that males have a biological advantage, and it is highly unfair, not to mention dangerous, to force female athletes to compete against them.”