Willie R. Tubbs, FISM News
About 48 hours after Utah Gov. Spencer Cox, a Republican, vetoed his state’s bill banning transgender athletes who were born male from competing against biological women and girls, Republicans in the Utah state legislature rallied the votes necessary to force the bill into law.
Late Friday, House Bill 11 passed the Senate and House by respective votes of 21-8 and 56-18. According to Utah legislative rules, the bill required a two-thirds majority in both houses to overcome Cox’s veto.
Cox – who Wednesday told constituents he vetoed H.B. 11 because he questioned its necessity, worried about the mental health of transgender athletes, and feared the law would expose secondary schools and the state’s high school sports association to legal fees – treated the moment as something of a victory on Twitter.
“I am grateful the Legislature recognized that there were serious flaws with HB11 and for the heightened debate and input that legislators were able to receive over the past few weeks,” Cox shared in a statement on Twitter, later adding he was, “heartened that the Legislature agreed to indemnify school districts and the Utah High School Athletics Association from the enormous financial burden that inevitable litigation will have on them. I remain hopeful that we will continue to work toward a more inclusive, fair and compassionate policy during the interim.”
— Utah Gov. Spencer J. Cox (@GovCox) March 25, 2022
Importantly, just one of the governor’s concerns was truly addressed in the modified bill, that of granting legal protection for the schools and high school sports authority.
H.B. 11, which is slated to take effect in July, imposes a total ban on transgender males competing against females.
The key line of the law reads, “a student of the male sex may not compete, and a public school or [Local Education Agency] may not allow a student of the male sex to compete, with a team designated for students of the female sex in an interscholastic athletic activity.” The term sex is defined under this law as “the biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.”
State Rep. Kera Birkeland, a Republican, basketball coach, and the bill’s sponsor, did not offer a comment after the bill’s passage. Following Cox’s veto, she had tweeted a statement under the phrase “It’s time for Fairness to win. #override.”
It’s time for Fairness to win. #override pic.twitter.com/QgVQ51Su2p
— Kera (@KeraBirk) March 22, 2022
The Salt Lake Tribune quoted Birkeland as having said during the override session, “I truly believe we’re here to uphold Title IX, to preserve the integrity of women’s sports and to do so in a way unlike other states.”
Title IX is a federal law that prohibits sex-based discrimination in any school or education program.
Even as it became the 12th state to legalize a ban on transgender athletes, the Utah bill has traveled a unique path.
Contrary to what one might assume, the bill was not originally meant to ban all transgender athletes.
Birkeland, who worked in conjunction with Cox and civil rights advocates, had originally intended the bill to create a commission that would have determined if a transgender athlete enjoyed an unfair advantage on a case-by-case basis. However, as reported by the Associated Press, the plan did not enjoy support among Conservatives and was stridently opposed by LGBTQ activists.
When a compromise could not be reached, Republicans swapped out what Birkeland meant as a compromise bill with a full ban.
The law also contains a provision that states a commission similar to Birkeland’s original plan would be created were H.B. 11 to ever be struck down by a court.