Colorado law protects transgender athletes, voters may change that in November
On Tuesday, the U.S. Supreme Court ruled that states can prohibit transgender athletes from competing on girls' and women's sports teams without violating federal law or the Constitution.
The order, however, does not require states to do so, which means that Colorado law which requires school districts to accommodate students according to their gender identity, still stands.
The closely-watched cases involving transgender athletes have divided communities here and across the country, most recently in the Jefferson County School District which is threatened with a loss of federal funding over its policies. The debate over what constitutes equal opportunity will continue.
"I'm not surprised by the Supreme Court ruling but nonetheless I am very aware of the devastating impact that it will have on children across the United States and can potentially have on access to sports and school activities for many different kids who are vulnerable to being targeted by harassment and discrimination," said Z Williams, a parent in Jeffco Public Schools, and transgender rights advocate.
Williams says that the bans on sports participation could potentially subject all students to privacy invasions, "Because they require biological sex confirmation. That means that all people who play sports could be subjected to that...these kinds of policies make all girls who want to engage in sports vulnerable to these kinds of biological inspections."
"I recognize that there are male athletes that think of themselves as girls or young women and they want to compete in the girls or women's categories, but sports are not about identities, sports are about bodies, bodies compete," said Jennifer Sey, Chair of Initiative 109, Protect Girls Sports, a ballot measure that Colorado voters will consider this November.
Regarding Thursday's ruling Sey said, "From my perspective we held the line, but we still have some work to do because I think all girls and women, no matter the zip code, deserve fair and safe competition."
Initiative 109 addresses male and female participation in school sports, and asks voters to restrict participation in K-12 and collegiate school sports based on a participant's biological sex recorded at birth.
"Thanks to the dedication of thousands of volunteers and supporters across Colorado, we submitted more than 170,000 signatures, said Lori Gimelshteyn, Co-Director and board director with Protect Kids Colorado. "Now, Colorado voters will have the opportunity to decide this important issue at the ballot box."
"Blanket bans that treat kindergarteners the same as high school athletes, a recreational league the same as a competitive league, and every sport exactly the same do not advance fairness; they breed exclusion," reads a statement released Tuesday by Families Not Politics, founded to oppose Initiative 109, as well as Initiative 110, which would prohibit surgery on a minor for the purpose of altering the minor's biological sex characteristics. "Supporters of Initiative 109 may claim that the Supreme Court 'settled' this issue, but that is not true. This decision is not the final word and it does not require Colorado to abandon its values. Colorado voters will still decide what kind of state we want to be - one that protects children and chooses dignity, privacy, fairness, and belonging - and we expect them to do so this November by voting no on Initiative 109."
