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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, Mar 6, 2023
Chairwoman Baumgardner opened the hearing.
Tamera Lawrence, Revisor, gave an overview of the bill. (Attachment 1)
Riley Gaines, Spokeswoman for Independent Women's Voice and a former award winning member of the University of Kentucky (UK) Swim and Dive Team, told how female swimmers from the university were forced to compete against a biological male who was allowed to compete in the women's division after competing as a member of the University of Pennsylvania Men's Swim Team for three years. The women's team from UK watched as the male swimmer won national titles in 500-yard freestyle, beating out the most impressive and accomplished female swimmers in the country. Previously this male was ranked in the 400ths, at best, in the men's division).
In 1972, Congress enacted Title IX to end unjust sex discrimination in all aspects of education, including college athletics. Although the National Collegiate Athletic Association (NCAA) claimed it acted in the name of "inclusion", its policies excluded female athletes, the very athletes whom Title IX was passed to protect.
In addition to being forced to give up awards, titles, and opportunities, the female swimmers were forced to share a locker room with the biological male. They were not forewarned and felt violated, uncomfortable, embarrassed, and traumatized by the experience. It was unacceptable and the integrity of women's sports was lost. It was unfair, discriminatory and must be stopped. (Attachment 2)
Julia Campbell, Regional Coordinator for Young Women for America, a project of Concerned Women for America, said this bill is not only a protection of women and girl athletes who currently participate in sports, but a protection to all women who would be affected by the slippery slope of destroying the differentiation between biological males and females. Hard work does not always mean reward, but in this situation of males who identify as women competing against female athletes, hard work would never mean reward. Due to the fact that males are genetically stronger and faster, the level of athletic capacity between males and females is not equal. (Attachment 3)
Autumn H. Caycedo, MD told of Title IX and how it ensured she would be allowed to try out for soccer. She became the only girl on the boys team. By 1989, so many girls were playing soccer, a girls' team was started. Women's soccer participation has skyrocketed. The reality is identities don't play sports, bodies do. A male body has more fast twitch muscle fibers, bigger lungs, larger heart, and higher red blood cell count which enhances performance. The male athlete has 5 times the testosterone of the average female. Every athlete has a right to compete but that does not grant them the right to self identify into whatever category they choose. (Attachment 4)
Brittany Jones, Director of Policy and Engagement, Kansas Family Voice, explained the background of Title IX and stated in the 50 years since it was signed, it has had a marked effect on athletic opportunities for women. On President Biden's first day in office, he signed an Executive Order that clearly was intended to threaten the hard won victories of Title IX by requiring women's athletic opportunities be open to biological boys. Despite Title IX's history of advancing opportunities for females, this current trend exploits Title IX to do just the opposite - letting biological males steal opportunities reserved for girls. (Attachment 5)
Lucrecia Nold, Public Policy Specialist, Kansas Catholic Conference, said the Catholic Church recognizes fairness in women's sports is not only a gender ideology issue but also a social justice issue. It is an issue of dignity for the human person. It is essential for us to recognize our God given difference, throughout all aspects of life. In this case, through our life of sports. We must maintain an equal and fair playing field for all athletes. (Attachment 6)
Josh Powell, former Kansas Representative, is a father of two beautiful daughters and asked the Committee to support this bill. (Attachment 7)
Sarah Parshall Perry, Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation, spoke as a former varsity softball player who enjoyed the protections of Title IX of the Education Amendments of 1972, a federal law that prohibits sex discrimination in education programs or activities receiving federal financial assistance. This hearing is about fairness and equality. It builds upon the foundation of Title IX and requires educators to see women as they see men. It ensures that girls and women, at long last, can finally experience sex equality in their educational pursuits. Transgender students are entitled to enjoy all aspects of American education in the same way as students of every race, sex, creed, national origin and religion. But they do not belong in spaces where the law has spoken unambiguously on distinct, long-standing, sex-specific protections for women and girls within the field of competitive sports. (Attachment 8)
Matt Sharp, Senior Counsel, Alliance Defending Freedom, stated women deserve to compete on a level playing field. Allowing males to compete in women's sports destroys fair competition and women's athletic opportunities. Biological sex is the biggest driver of athletic advantage. Males have a 10-50% performance advantage (depending on the sport) over females. That's the reason we have women's sports as a separate category. (Attachment 9)
Proponent Written Only:
Caroline Bruce McAndrew, member of the 2014 US Olympic Swim Team (Attachment 10)
Opponent Oral:
Erin Woods, Parent, shared her perspective on things children need to be healthy and happy. They need to socialize with their peers, try new activities, and figure out what brings them joy and what they might be good at. This bill removes those opportunities from one very small minority group - trans children. Please do not take away these opportunities from our already vulnerable trans youth. (Attachment 11)
Iridescent Riffel, Private Citizen, believes this bill is bullying and the effects on K-12 trans kids is monumental. It sends the message, not only to other adults but to kids, that it's okay to bully and target trans kids-especially trans kids who play sports. There are countless studies that argue against why bills like this and other anti-transgender bills are harmful for trans kids. (Attachment 12)
D. C. Hiegert, LGBTQ+ Legal Fellow, American Civil Liberties Union of Kansas, said this bill attempts to solve a problem that has been shown to not exist. While there is no evidence of trans athletes causing any harm in Kansas athletics, there is clear evidence that bills like this cause harm to transgender youth in our state and to all girls and women who play sports. This bill singles out transgender girls and women for different treatment based on sex and transgender status and violates the Fourteenth Amendment to the United States Constitution and Title IX of the Civil Rights Act of 1964. (Attachment 13)
Dr. Briana McGeough, Assistant Professor, University of Kansas School of Social Welfare, Co-Founder/Director, Center of LGBTQ+ Research and Advocacy, is concerned about the impact this policy could have on the mental health of transgender youth. Research consistently demonstrates that a strong network of social support contributes to better mental health for LGBTQ individuals. Participation in sports has many benefits for youth and has been linked to improved mental health outcomes and community support. (Attachment 14)
Erica Ramirez, Director of Operations, Mid-America LGBT Chamber of Commerce, said it is important to acknowledge the high suicide rate among LGBTQ+ teens as suicide is the second leading cause of death among people ages 10 to 24 and LGBTQ+ youth are almost five times as likely to have attempted suicide compared to heterosexual youth.
The argument that transgender athletes have an unfair advantage over cisgender athletes is not supported by scientific evidence. While there are some physiological differences between cisgender and transgender individuals, these differences are not significant enough to give transgender athletes an inherent advantage. (Attachment 15)
Rev. Annie Ricker, United Methodist minister, said the media focus on a small number of high-level adult trans athletes has distracted too many people from the real issue. Under this bill, school kids, including elementary school kids, would be banned from playing on a team with their friends simply because they are different. This issue has been exploited and exaggerated for political advantage. (Attachment 16)
John Shively, Lead Coordinator, Office of Justice, Peace, and Integrity of Creation, Sisters of Charity of Leavenworth, stressed that everyone, no matter their sexual orientation or gender identity, is a beloved child of God with inalienable human dignity. Scientific evidence does not support this bill and it is a solution in search of a problem. Let's make room for compromise, dialogue and good process. (Attachment 17)
Kyle C. Velte, Associate Dean and Professor, University of Kansas School of Law, said this bill is misinformed as a matter of psychology and medicine, unlawful under established law, misguided as a matter of public policy, and harmful to the most vulnerable among Kansan youth. (Attachment 18)
Discussion followed.
Opponent Written Only:
Katrina Abraham, Government Affairs, The Greater Kansas City Chamber of Commerce (KC Chamber) (Attachment 19)
Sylvie Althoff, Teacher and Transgender woman (Attachment 20)
Pastor Melissa Atchison (Attachment 21)
Emily Bartlett, Executive Director of b.hive theatre (Attachment 22)
Fred Bellemere, Concerned Parent (Attachment 23)
Kim Bellemere, Concerned Parent (Attachment 24)
Jonithan Bennett, Parent (Attachment 25
Erica Benson, PTA Board Member, Blue Valley School District Teacher, Women's Equality Coalition of Greater KC Member (Attachment 26)
Jesse Borosky, Kansas Resident (Attachment 27)
Colby Bruner, Licensed Marriage and Family Therapist/Owner of KC Character Development, LLC (Attachment 28)
Joy Brungardt, Administrator, EQUAL Trans Support Group (Attachmen 29)
Rev. Dr. Isabel Call, Pastor, Unitarian Universalist Fellowship of Manhattan (Attachment 30)
Alice Capson, Retired Teacher (Attachment 31)
Rev. Lorraine Ceniceros, Conference Minister, Kansas Oklahoma Conference United Church of Christ (Attachment 32)
Colleen Cunningham, Parent (Attachment 33)
Kristina Davis, Kansas Resident (Attachment 34)
Rev. Caroline Dean, Kansas Oklahoma Conference of the United Church of Christ & Kansas Interfaith Action (Attachment 35)
Judith Deedy, Executive Director, Game On for Kansas Schools (Attachment 36)
Donnavan Dillon (Attachment 37)
Daniel England, Student (Attachment 38)
Al Frisby, KS Resident and Retired Merriam City Council Member (Attachment 39)
Susan Gerth, Private Citizen (Attachment 40)
Erik Graefe, Kansas Resident (Attachment 41)
Heather Grimsley, Parent, Former Teacher, Substitute Teacher (Attachment 42)
Joe Grochmal, Kansas Resident (Attachment 43)
Sarah Grochmal, Kansas Resident (Attachment 44)
Monroe Hanson, Concerned Citizen (Attachment 45)
Dena Hubbard, MD, FAAP, Chair, Public Policy Committee, Kansas Chapter, American Academy of Pediatrics (Attachment 46)
Dr. Kris Humphreys, Physician and Transgender (Attachment 47
Haze Jones, Kansas Teacher (Attachment 48)
Daniel Klaassen, Education Policy Advisor, Kansas Action for Children (Attachment 49)
Ann Mah and Dr. Deena Horst, Legislative Liaisons, Kansas State Board of Education (Attachment 50)
Julie Kedzie, Kansas Resident, Former Professional Athlete (Attachment 51)
Adam Kellogg, Kansas University Student, Kansas Resident (Attachment 52)
Jeanne Koontz, Kansas Resident, Clergy (Attachment 53)
Monica Kurz, Vice President for External Programming, Kansas Suicide Prevention Headquarters (Attachment 54)
Alexis Lankford, Teacher (Attachment 55)
Whitney Lohrenz, Kansas Resident (Attachment 56)
Nikki McDonald, Parent (Attachment 57)
Kenna McNally, Kansas Resident (Attachment 58)
Kendra Meek, Kansas Resident and Parent (Attachment 59)
Kathryn Mersmann, KSHAA Alumni (Attachment 60)
Gretchen Meyer (Attachment 61)
Matthew Millar, Kansas Resident (Attachment 62)
Teri Millar, Kansas Resident (Attachment 63)
Amanda L. Mogoi, APRN (Attachment 64)
Vince Munoz (Attachment 65)
Aubrey Neihaus, Professor, Parent, Teacher Educator, Education Researcher (Attachment 66)
Ann Norbury, Kansas Resident (Attachment 67)
Melinda Parks, Parent, Kansas Resident (Attachment 68)
Jennifer Pearson, Professor of Sociology, Wichita State University (Attachment 69)
Tammy Quayle, Parent (Attachment 70)
Hailey Reed, Kansas Resident, Former Collegiate Student Athlete (Attachment 71)
Rabbi Moti Rieber, Executive Director, Kansas Interfaith Action (Attachment 72)
Linda Sanchez, Parent (Attachment 73)
Alexandra Shoup, Topeka Resident and Mother (Attachment 74)
Hauna Slaughter, Kansas Resident and healthcare worker (Attachment 75)
Jonathan Smith, Topeka Resident and Father (Attachment 76)
Natalie Sperry, Colorado Resident, Kansas Employee (Attachment 77)
MJ Stallard (Attachment 78)
Grace Starr (Attachment 79)
Melissa Stiehler, Resident of Topeka (Attachment 80)
Dawn Tallchief, Kansas Resident (Attachment 81)
Ephren Taylor (Attachment 82)
Holly Terrell, Parent (Attachment 83)
Susan K. Thomas, Kansas Resident (Attachment 84)
Matthew Thompson, Teacher, Parent, Kansas Resident (Attachment 85)
Laurie Todd, Kansas Resident (Attachment 86)
Keaton Vaughn, Kansas Resident (Attachment 87)
Evan Washechek, Friend and Kansas Resident (Attachment 88)
Lisa Weeks, Kansas Resident and Compassionate Human (Attachment 89)
Rev. Caela Simmons Wood (Attachment 90)
Jacob Young, Kansas Resident (Attachment 91)
The Chair closed the hearing.
The meeting was adjourned at 2:27 PM.
Next meeting to be held Tuesday, March 7, 2023 at 1:30 PM in Room 144-S.
