Delaware bill would limit sports according to biological gender

By Joseph Edelen
Posted 2/14/22

DOVER — A bill introduced last week and awaiting vetting by the state Senate’s Health & Social Services Committee would require student-athletes to compete on athletic teams or in …

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Delaware bill would limit sports according to biological gender

Posted

DOVER — A bill introduced last week and awaiting vetting by the state Senate’s Health & Social Services Committee would require student-athletes to compete on athletic teams or in sports associated with their biological gender.

The bill, titled 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. There would be an exception to allow females to compete in male-dominated sports if their respective school does not offer the corresponding female sport.

The legislation is sponsored by Sen. Bryant Richardson, R-Seaford. Its co-sponsors are Rep. Tim Dukes, R-Laurel; Rep. Jesse Vanderwende, R-Bridgeville; Sen. Gerald Hocker, R-Ocean View; and Sen. Dave Lawson, R-Marydel.

The bill states that “a student athlete is to compete for athletic teams or in sports associated with their biological sex, as determined at or near birth and based on the student’s birth certificate or other government record if a birth certificate is unobtainable.”

Debate surrounding how to include transgender athletes in sports has been a topic of discussion both locally and nationally for some time, and the discourse is primarily centered around biological males who identify as females.

The bill does not describe these athletes as transgender, however the language states that athletes must play for teams corresponding with their assigned biological sex.

The Fairness in Women’s Sports Act also states that a “school district, charter school, (Delaware Interscholastic Athletic Association) member school, or higher education institution must designate an athletic team or sport sponsored by the school district, charter school, DIAA member school or higher education institution based on the biological sex of students.”

Senate Bill 227 is not about discrimination but fairness, Rep. Dukes said.

“We just want to make sure that our sports programs within our schools have a sense of fairness and fairness in competition. It’s about protecting the integrity of sports and high school athletics in Delaware,” he said.

The DIAA’s current policy regarding the inclusion of transgender athletes states that they are allowed to compete in sports that coincide with their identifying gender if they provide proper documentation, such as a revised birth certificate, a driver’s license or a passport.

If the athlete is unable to provide such documentation, they are permitted to compete only if a physician or social service provider can certify that the athlete has clinically transitioned or has begun the process of transitioning.

With declining numbers of female participation in high school sports, Sen. Hocker said he believes SB 227 can help boost those numbers, while providing every athlete a fair chance.

“I’ve got granddaughters in school, and I want them to have the same fair chance to play women’s sports as any other women. I want there to be fair competition where you compete with people your same caliber,” he said.

Should the act garner enough support for passage, the sponsors hope that implementation can come as soon as possible.

Sen. Richardson said Title IX laws, which encourage the participation of women in athletics, are now at risk due to the inclusion of transgender athletes in female competition.

“The unfairness of allowing males to participate in women’s sports is obvious,” he said. “A major concern from women’s groups is that biologically male students compete against girls for athletic scholarships to colleges.”

Sen. Richardson cited the University of Pennsylvania swimmer Lia Thomas (born Will Thomas), who, after transitioning, participated in a competition with other females at The University of Akron in December. At the meet, Ms. Thomas set national records in the 200-yard freestyle and the 500-yard freestyle, as well as won the 1,650-yard freestyle, defeating teammate Anna Kalandadze by 38 seconds.

As of Jan. 21, DIAA was in the process of implementing a committee to address the inclusion of transgender athletes and is accepting applications for the group.

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