DOVER — After an hour of heavy opposition to a bill that would have required athletes to play on a team dictated by the gender identified at birth, the legislation is likely to die after Wednesday’s Health & Social Services Committee meeting.

Senate Bill 227, The Fairness in Women’s Sports Act, will likely not be let out of committee, according to the bill’s sponsor, Sen. Bryant Richardson, R-Seaford.

“I don’t think there’s any chance. I’m sure it will not get out of committee. But I’m glad that it helps make me aware of how organized they are opposing such measures.” Sen. Richardson said.

The Fairness in Women’s Sports Act states that since male students participate in interscholastic athletics at a higher rate than female students, athletes must compete in sports that coincide with their biological sex.

Debate surrounding the inclusion of transgender athletes into sports has been a topic of discussion for quite some time, and the discourse regarding the inclusion of these athletes is primarily centered around the involvement of biological males who identify as females.

Sen. Richardson stated that his intention behind the introduction of this bill was to protect the integrity of women’s sports, while also stating that he wants to protect the progress made by Title IX since it was passed in 1972.

Participation in high school sports has grown exponentially according to Sen. Richardson, who says that girls made up only 8% of high school athletes in 1972. As of 2022, the percentage of female high school athletes sits at 43, according to Sen. Richardson.

“In sports, some athletes make the team and others do not. Someone wins and someone loses. The inclusion of male-bodied athletes in women’s sports inevitably means that more females lose out,” Sen. Richardson said.

“We have an obligation to defend everyone’s rights, and what is wrong is when the rights of some puts at risk the rights of others.”

As a part of his defense of the bill, Sen. Richardson introduced former U.S. Air Force flight surgeon and owner of Renove Med Spa in Rehoboth Beach, Dr. Michelle Parsons as a witness. Dr. Parsons graduated from Jefferson Medical College and according to Sen. Richardson, her general practice evaluates and treats both men and women with hormonal imbalances.

Dr. Parsons said there is a clear advantage for biological men when it comes to competing in sports with biological women, and that the inclusion of biological men in women’s sports could put girls at risk.

“Testosterone levels are not the active determinant as to whether a male body is different athletically from a female body. Genes, DNA, the X and Y chromosomes that code for height, weight, size, muscle fiber type, oxygen and metabolism confirm the advantages of physical strength that are much more determinant of athletic ability,” Dr. Parsons said.

Health and Social Services Committee Chair Sarah McBride, D-Wilmington, followed up Dr. Parson’s statements with questions regarding her background in endocrinology and the study of transgender individuals. Dr. Parsons stated that despite her position as a witness, she did not have a background in endocrinology, nor has she published any peer-reviewed documents regarding the study of transgender individuals.

Sen. McBride, who is the first transgender state senator in the country’s history, expressed her difference of opinion to the bill while also stressing the importance that these issues carry.

“I didn’t run for this office to talk about transgender identities. I ran because I want to pass policies to expand access to health care and to address the mental health crisis facing our students. But when legislation comes before me that goes after our young people, that goes a step too far.” Sen. McBride said.

Sen. McBride questioned Sen. Richardson’s motives behind the bill, stating that if he supported the protection of women’s sports enough to introduce the bill, then why didn’t the bill include measures to increase funding for women’s sports for schools.

Sen. Richardson’s reasoning was that the bill’s purpose was to protect biological women against injuries and protect them from losing opportunities for scholarships, though he emphasized his position regarding the biological differences between men and women. He stated that despite the difference in physical capabilities, there is a difference between the capabilities of men and women, comparing the participation of trans women in women’s sports to 25-year-olds playing against 10-year-olds.

Sen. Richardson gave examples of these perceived unfair advantages including University of Pennsylvania swimmer Lia Thomas, who has been the target of controversy due to her success competing as a trans woman in women’s sports. Sen. McBride followed up his statements with a question regarding this advantage.

“So, you believe I have a biological advantage over (WNBA star and former University of Delaware basketball player) Elena Delle Donne at basketball?” Sen. McBride asked.

According to the Center for Disease Control, 27% of transgender students feel unsafe at school and 35% of transgender students have attempted suicide. Sen. McBride emphasized the struggles that students who are members of the LGBTQ community face, stating that LGBTQ students who face discrimination and discriminatory policies at school are three times more likely to miss school, have a low GPA, have lower self-esteem and higher levels of depression.

“You are categorically excluding an entire group of kids from educational programs that teach teamwork and persistence, and this law communicates that our acceptance and our place in society is conditional,” Sen. McBride said.

Health & Social Services Committee member Sen. Marie Pinkney, D-Bear, applauded Sen. McBride’s statements and emphasized the struggles that transgender students face, noting that at least 57 transgender or non-conforming people have been fatally shot or killed since 2021.

“What you’re doing is harmful. What you’re doing is deadly. As someone who represents over 42,000 people, many of whom likely identify as transgender or nonconforming, you should be ashamed of your actions to come before this committee and do harm,” Sen. Pinkney said.

Sen. Pinkney stated that addressing fairness in women’s sports would be to make sure girls have access to gym equipment that is equitable to the access that boys have or making sure that girls have the same access to coaching and financial resources.

Health & Social Services Committee members Sen. Stephanie Hansen, D-Middletown, and Sen. Nicole Poore, D-New Castle, acknowledged the process of legislation and how oftentimes, legislators rally around a bill because it solves a problem. Sen. Hansen stated that she identifies this as a sports problem, though she questioned how much of a problem that fairness actually is.

“I just need to know, have coaches brought this up to you? Has anyone from the school system brought this up? I need verification that this is actually a problem in our state.” Sen. Hansen said.

Following Sen. Hansen and Sen. Poore’s statements, Sen. McBride then opened the floor for public comment. Though the bill received pushback from legislators, feedback from the public was relatively even.

“I do not understand how we are unable to believe the evidence of our own eyes. How many more Lia Thomas cases do we need to recognize that we are colliding with reality?” said Wilmington Christian School headmaster Dr. Roger Erdvig.

Other members of the public spoke out in support of SB 227, though many agreed with Sen. McBride and Sen. Pinkney’s statements about the discrimination that transgender students could face as a result.

“Barring trans students from sports is sex discrimination, which is prohibited by Title IX. Trans students have the right to be themselves and to be affirmed in their gender. They also have the right to be included in the group that corresponds to their gender in activities where students are typically separated by gender,” ACLU digital communications strategist Priya Hay-Chatterjee said.

Sen. McBride hopes that defeating legislation such as SB 227 will help the transgender community in their pursuit of equality.

“Your government sees you and for the first time ever, really understands you.,” Sen. McBride said.

“You are loved, and you are worthy. You are a part of a vibrant diversity that makes this state great.”