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Minutes for HB2238 - Committee on Education
Short Title
Creating the fairness in women's sports act to require that female student athletic teams only include members who are biologically female.
Minutes Content for Mon, Feb 13, 2023
Chairman Adam Thomas opened the hearing on HB2238. He asked everyone to participate with a spirit of civility and respect.
Jason Long, Revisor, gave an overview of the bill. (Attachment 1)
Opponents (Oral)
Representative Heather Meyer, introduced herself as the mother of a trans child, and she reminded the Committee that bringing bills like this up in the Legislature this increases cases of self-harm. (Attachment 2)
Representative Brandon Woodard, stated that in the last week, in trying to try organize testimony for the bill, he has been called a pedophile, groomer and a faggot. This bill is unnecessary, he expressed, and duplicative. He urged the Committee to stop bullying children. (Attachment 3)
Dr. Briana McGeough, is an expert in this field, and she stated her testimony is from her experience of working with LGBTQ and transgender youth in the area of mental health. She believes this bill has the capacity to harm because it codifies prejudice against transgender youth. (Attachment 4)
Amanda Mogoi, APRN, is one of the few individuals in the state that provides care to transgender youth. She noted there is already lots of regulation in sports competition and stated that what the legislature is trying to do here will harm transgender kids. Those who are transgender need to be listened to and respected. The medical facts are included in her testimony. She shared her daily experience. (Attachment 5)
Cat Poland, is the parent of a three school age children and the community advisor for the gay-straight alliance at Prairie Hills Middle School. She reiterated denying transgender children and teens the opportunity to live in authentic alignment with their gender identity is damaging to their mental health. (Attachment 6)
Kyle Velte, Professor of Law at the University of Kansas, has researched on LBGTQ civil rights. She believes this if enacted HB2238 would be found unconstitutional. Is it lawful under Title 9 to exclude trans girls from female sports teams? Her legal argument is outlined in her testimony. She noted that there is no data showing that a cisgendered girl has ever been unfairly beaten by a transgendered girl, in the state of Kansas. (Attachment 7)
D.C. Heigert, spoke on behalf of the American Civil Liberties Union, which stands against this bill. In his role as the LGBTQ legal fellow of the ACLU, he argued this bill purports to be about protecting women's sports, it would have the opposite effect as it discriminates against transgender persons which is a violation of their civil rights. His legal argument is outlined in his testimony. (Attachment 8)
Rev. Rachel Pryor, Kansas Interfaith Action, speaks for 200 faith communities statewide who stand against this bill. She stated her organization doesn't agree on all issues, but they do agree that vulnerable children do not need to be targeted. This bill targets some of the most vulnerable people in our community. Our faith communities can't see this as anything less than a sinful attack on God's children. (Attachment 9)
Taryn Jones, Equality Kansas, stated she asked the head of Kansas State High School Athletic Association how many trans athletes are there in the state of Kansas, and was told there are two. She believes this bill is a way of bullying children. These children are not depressed because they are transgender, but because of the way they are treated. (Attachment 10)
Holly Terrill, explained she is the parent of a trans child. She noted there is so much to a child than their gender identity. No child would choose to make their identity harder, just so they could have an advantage in a K12 sport. No child wants to be bullied. (Attachment 11)
Iridescent Riffel, graduate student at the University of Kansas, stated this bill is bullying, and noted recently this committee made a definition of bullying. This is the fourth attempt of targeted bullying against trans youth. She stated it is hard enough to live as a transgender woman. The legislature shouldn't be adding to it. Trans kids want to cherish, love, flourish, and surround themselves with people who love and cherish them. A team can be this place and trans kids should have that opportunity ripped away. She urged the Committee to open their hearts and minds. (Attachment 12)
Donnovan Dillon, student at the University of Kansas pursuing a double major in political science and sociology, noted he had played most sports in high school. Sports were very important for him. For many people this is the only place they find connections with peers and feel a sense of belonging. Donnovan stated from his lived experience this issue is not based in reality. It is not an issue in Kansas schools. Legislation like this makes it hard for trans kids to get out of bed in the morning, to go to school, sometimes even to live. No one should have to live like that. (Attachment 13)
Erin Woods is a parent, not of transgender children, but she has children who learned so much from being part of extracurricular activities. All children should have these chances. Sports governing boards are learning from situations like the trans woman swimmer that won last year. There is only one child that registered as a transgender girl athlete. Ms. Woods stated the proposed legislation is a solution in search of a problem, that is not an issue in Kansas. (Attachment 14)
John Richard Schrock, biology teacher of many years, takes issue with the definition of biological sex, because there are many subtleties to hormonal levels that change individuals. There are variations. Anatomy, chromosomes, hormones and physical attributes may line up but sometimes they do not. (Attachment 15)
Marcillene Dover, teacher in Wichita High School North, spoke tearfully about her students. She has taught ten students that identify as transgender and she stated that what this bill does is a political stance and it is not focused on helping students. Teachers will be affected because students are going to be affected. (Attachment 16)
Michael Poppa, Mainstream Coalition, appreciates the Chairman giving equal time to all the conferees. There are an overwhelming number of opponent conferees, he noted, and the Committee has heard how harmful this bill is to children. (Attachment 17)
There was a period of questions and answers.
Proponents (Oral)
Lucrecia Nold, Policy Specialist, Kansas Catholic Conference, stated she represents the Roman Catholic Bishops Council in Kansas. She noted that Christianity professes that we should love everyone. She shared her personal experience as an athlete for many years. Ms. Nold believes that males are by nature stronger and more athletically capable than females. (Attachment 18)
Melissa Campbell, Parent and Private Citizen, stated she wants a fair playing field for female athletes. Successful female athletes are disincentivized. Also, she believes that an amendment should be added that keeps biological females from sleeping in the same place as a biological male. She described a school trip for a Kansas school that she felt was unsafe for her daughter. (Attachment 19)
Brittany Jones, Kansas Family Voice, represents thousands of Kansans who are alarmed by the state and federal changes. She noted that only women's sports are affected by this bill. Everyone else can play. Title 9 was created to give girls opportunities to play sports, so it must be protected. There is a broad consensus of support for this bill. Policies that deal with this problem are driving the problem. KAAsha policy does not allow for fairness. This is common sense. (Attachment 20)
Dawn Hefflin, private citizen, told her personal experience as a transfemale. As a teen she was an athlete. Her experience was that in running with the girls, when Dawn was young and identified as male, the men were much faster. (Attachment 21)
Matt Sharp, Alliance Defending Freedom, whose firm represents female athletes who have lost out to men who competed as females. Mr. Sharp gave several examples of men who unfairly competed against females. He stated that polls nationwide show people believe women should not have to compete against males. (Attachment 22)
Caroline McAndrew, from Kansas, was on the 2004 US Olympic swim team, finds it difficult to talk about this because she believes that God created everyone for a special purpose. However, she has seen women in sports who are being silenced on this issue. She explained her experience as a professional athlete. Her brother, who also was a swimmer, significantly surpassed her at swim times. Over the past few months she has learned more about Title 9, and she is grateful for female athletes who paved the way for her. (Attachment 23)
Questions and answers were shared between the Proponents and the Committee.
Proponent (Written Only)
Riley Gaines, Spokeswoman, Independent Women’s Voice (Attachment 24)
Opponents (Written Only)
Sarah Askew, Parent, Wichita (Attachment 25)
Melissa Atchison, Private Citizen, Manhattan (Attachment 26)
Bethany Bailey, Private Citizen, Kansas Resident (Attachment 27)
Addison Bartelli, President, Gender Sexuality Alliance Group, Olathe East High School (Attachment 28)
Courtney Bell, Private Citizen, Kansas Resident (Attachment 29)
Judy Bellemere, Private Citizen and Retired Teacher, Kansas Resident (Attachment 30)
Erica Benson, Parent of students in Shawnee Mission, Blue Valley School District Teacher (Attachment 31)
Ellen Bertels, Attorney, Kansas Legal Services (Attachment 32)
Mike Bonner, Private Citizen and Parent, Wichita (Attachment 33)
Erin Brown, Parent, Kansas Resident (Attachment 34)
Colby Bruner, MS, KC Character Development (Attachment 35)
Former Representative Stephanie Byers, Wichita 86th District (Attachment 36)
Pastor Isabel Call, Unitarian Church, Manhattan
Haley Carlson, Parent, Kansas Resident (Attachment 38)
Rev. Lorraine Ceniceros, Conference Minister of United Church of Christ, Junction City (Attachment 39)
Chloe Chaffin, Private Citizen, Topeka (Attachment 40)
Rev. Gage Church, Pastor Central Congregational United Church, Topeka (Attachment 41)
Colleen Cuningham, Parent, Former Teacher (Attachment 42)
Former Representative Jennifer Day, District 48, Overland Park (Attachment 43)
Rev. Caroline Dean, United Church of Christ, Lawrence (Attachment 44)
Jennifer Chappell Deckert, Ph.D. Social Worker and Professor (Attachment 45)
Judith Deedy for Game on for Kansas Schools (Attachment 46)
Amber Dodson, Parent, Wichita (Attachment 47)
Leah Fliter for Kansas Association of School Boards (Attachment 48)
Shannon Forsyth, School Psychologist (Attachment 49)
Nina Fricke, Parent, Kansas Resident (Attachment 50)
Karen Fritz, Parent, Miami County (Attachment 51)
Susan Gerth, Private Citizen, Manhattan (Attachment 52)
Joan and Jerry Gilson, Parents, Olathe (Attachment 53)
Savannah Goodpasture, Private Citizen, Kansas Resident (Attachment 54)
Pastor Erik Graefe, Zion United Church of Christ, Junction City (Attachment 55)
Timothy Graham for Kansas National Educators Association (Attachment 56)
Sandra Guglielmo, Parent, Kansas Resident (Attachment 57)
Liz Hamor, CEO, Center of Daring, Kansas Resident (Attachment 58)
Sierra Harvey, Private Citizen, Kansas Resident (Attachment 59)
Kay Heley, Grandparent, Retired School Nurse (Attachment 60)
Deena Helm, former Kansas Resident (Attachment 61)
Jill Hiegert, Parent (Attachment 62)
Amy Hill, Parent, Kansas Resident (Attachment 63)
Dena Hubbard, for Kansas Chapter of American Academy of Pediatrics (Attachment 64)
Candice Johnson, Parent, Kansas Resident (Attachment 65)
Patty Jurich, Kansas PTA (Attachment 66)
Aerik Knapp-Loomis, Private Citizen, Kansas Resident (Attachment 67)
Monica Kurtz for Kansas Suicide Prevention HQ (Attachment 68)
Megan Langford, Parent, Shawnee Mission School (Attachment 69)
Leah Lewsader, Educator, Kansas (Attachment 70)
Samantha Lewis, Counselor, Wichita (Attachment 71)
Erin Lynch, Parent, Kansas (Attachment 72)
Ann Mah and Dr. Deena Horst, Kansas State Board of Education (Attachment 73)
Kenna McNally, Student, KU (Attachment 74)
Gretchen Meyer, Teacher (Attachment 75)
Jae Moyer, Kansas Resident, Overland Park (Attachment 76)
Ann Norbury, Kansas Resident (Attachment 77)
Jennifer Pearson, Professor of Sociology, Wichita State University (Attachment 78)
Paris Raite, Kansas Resident (Attachment 79)
Hailey Reed, law student, former KU Softball Player (Attachment 80)
Sophie Riada, Educator (Attachment 81)
Bill Roush, Grandpa (Attachment 82)
Representative Susan Ruiz, District 23, Johnson County (Attachment 83)
Taylor Sadlowski, Kansas Resident (Attachment 84)
Sam Sharpe, Ph.D Candidate, Kansas State University, Division of Biology (Attachment 85)
Rev. Caela Simmons-Wood, United Church of Christ, Manhattan (Attachment 86)
Shannon Skoglund, High school and College Athlete (Attachment 87)
Jonathan Smith, Parent, Topeka (Attachment 88)
Melissa Stiehler, Kansas Resident (Attachment 89)
Kelly Stromberg, Parent, Kansas Resident (Attachment 90)
Linda Swim, Parent, Kansas Resident (Attachment 91)
Brenda Visocsky, Social Worker (Attachment 92)
Gage Webb, Kansas Resident (Attachment 93)
Asher Wickell, Family Therapist (Attachment 94)
Dr. Betsy Wickstrom, Physician and Parent (Attachment 95)
Kim Wilburn, Parent (Attachment 96)
Elise Williamson, Private Citizen (Attachment 97)
Dr. T. Anansi Wilson, Associate Professor of Law, Michael Hamlin School of Law (Attachment 98)
Devin Wilson, Private Citizen, Lenexa (Attachment 99)
Elizabeth Wine, Clinical Social Worker, Wichita (Attachment 100)
Katrina Abraham for Greater Kansas City Chamber of Commerce (Attachment 101)
Chairman Thomas thanked everyone involved for the civility shown and for the discussion of this bill. He closed the hearing on HB2238 and adjourned the meeting.
The next meeting is February 14, 2023.
