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Transgender People

Iowa governor bans transgender girls from female sports, signing Republican-backed law

Stephen Gruber-Miller and Ian Richardson
Des Moines Register

DES MOINES – Gov. Kim Reynolds signed legislation Thursday immediately prohibiting transgender women and girls from competing in female sports offered by Iowa schools, colleges and universities — a new law that legal experts expect to end up in court.

The passage of House File 2416 has drawn a firestorm of criticism from transgender Iowans, LGBTQ advocacy groups, businesses and Democrats who say it discriminates against transgender girls and violates civil rights laws. 

Reynolds, a Republican, said the law is "a fairness issue” because of what she said are athletic advantages for transgender girls. Her signature puts Iowa among 10 other Republican-led states that have passed laws restricting transgender athletes in recent years.

Iowa Gov. Kim Reynolds signed a bill that will require school-sponsored athletic events to be designated as a men's, women's or coeducational sport.

At the law's signing under the Iowa Capitol's rotunda, Reynolds connected the law to what she called Iowa's "impressive legacy of advancing women's equality."

"Great things happen when women have access to the fair and equal playing field they deserve," Reynolds said. "But what would it say about a commitment to this principle if we let actual playing fields — the courts, fields, rinks, pools and tracks of youth and collegiate sports — be tilted in favor of biological males with inherent physical advantages?"

Reynolds signed the law under the Iowa Capitol's rotunda, surrounded by Republican lawmakers and a crowd of girls who participate in school athletics. Ainsley Erzen, a senior and a track and field athlete at Carlisle High School who has been an outspoken advocate for the legislation, also spoke at the ceremony. 

In the background of Thursday's signing, Iowa Safe Schools executive director Becky Smith held up the transgender flag — the same flag that had flown over the Iowa Capitol for a few minutes in 2019 during the Transgender Day of Remembrance. 

Reynolds' signature comes the day after the Iowa Senate passed the legislation, sending it to her desk. It takes effect immediately. 

Senate Minority Leader Zach Wahls, D-Coralville, called Reynolds' decision to sign the law "appalling."

"She is showing once again that she’s more interested in scoring political points than caring about the impact of legislation on some of the most marginalized kids in our society," he said in a statement.

What Iowa's new law does

The new state law requires school-sponsored athletic events to be designated as a men's, women's or coeducational sport. Athletes competing in women's sports need to have female listed as the sex on their birth certificate. There is not a similar prohibition for men's sports in the bill. 

The law allows students to sue if they believe they have suffered "direct or indirect harm" based on a school violating the law. The Iowa attorney general's office will represent schools and school employees in lawsuits, and the state will pay any legal costs. 

School districts have shared concerns that the new state law could entangle them in a legal fight over differing interpretations of the law. 

Phil Roeder, a spokesperson for Des Moines Public Schools, said Thursday that the district must follow state law but is concerned about potential conflicts with federal law, in particular Title IX, which prohibits schools from discrimination based on their sex. Des Moines Public Schools had opposed the legislation. 

Reynolds' signature also drew immediate reaction from national organizations on both sides of the issue. 

JoDee Winterhof, the senior vice president of policy and political affairs for the Human Rights Campaign, said in a statement that the bill signing was "a shameful moment in Iowa's history."

"With the stroke of her pen, and without even bothering to meet with transgender kids or their parents, Gov. Reynolds has reversed years of progress and moved our state backwards," Winterhof said. 

Christiana Holcomb, senior counsel with the conservative group Alliance Defending Freedom, commended Iowa for passing the legislation. 

"When the law ignores biological reality, female athletes lose medals, podium spots, public recognition and opportunities to compete," Holcomb said. 

What's next for Iowa's law?

Legal experts believe Iowa's law is likely headed for a legal challenge. Over the past two years, such laws in Idaho, West Virginia, Tennessee and Florida have been embroiled in court battles. 

A report from the nonpartisan Legislative Services Agency said the bill could also jeopardize federal funding due to violation of Title IX, the 1972 law that bans discrimination in schools based on sex. The U.S. Department of Education released guidance last year saying transgender students' rights are protected under Title IX.  

The report said it's unlikely schools would lose federal funds due to precedent, although it can't predict how the department's Office of Civil Rights would enforce the law. 

Republicans have argued that rather than violate Title IX, the bill would uphold its intent, protecting the competitiveness of women's sports. 

A group of more than 150 companies, including Amazon, General Mills, IBM, Microsoft and Nestle have also signed a statement opposing the pending legislation in Iowa and other states, according to a news release from the Human Rights Campaign. 

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