Transgender youth in sports will be on Colorado's statewide ballot in November after certification

Colorado voters will decide whether transgender children can play sports with the gender that matches their gender identity or whether they'll be forced to play with other children of the same gender they were assigned at birth. It comes after a controversial ballot measure gained enough signatures and was certified by the Colorado Secretary of State on Monday.

The ballot measure, Initiative 109, was put forth by a group called Protect Kids Colorado. If approved by a majority of voters, it would require students to play on sports teams based on the sex they were assigned at birth. That would mean, for example, barring transgender boys from playing on boys' teams and requiring children assigned female at birth to compete with other students assigned female at birth.

Protect Kids Colorado, the group sponsoring the measure, says it's about protecting girls and women. It's also sponsoring another measure seeking to increase the penalties for people convicted of human trafficking of a child, and a third one seeking to ban certain gender-related surgeries on minors.

"Because of the physical differences between males and females, having separate athletic teams based on the biological sex of the athlete reduces the chance of injury to female athletes, promotes equality between the sexes, provides opportunities for female athletes to compete against their female peers rather than against male athletes, and allows female athletes to compete on a fair playing field for athletic accomplishments, including educational scholarships," the measure reads, in part.

If passed into law, it would be called the "Protect Women and Girls in Sports Act" — almost identical to the similar federal legislation, dubbed the "Protection of Women and Girls in Sports Act," which passed the U.S. House by a vote of 218 - 206, but has not yet been passed by the U.S. Senate.

Erin Lee, executive director of Protect Kids Colorado, calls the measure "straightforward" and "common-sense," saying it "promotes fairness and safety for all."

"Across Colorado, citizens are stepping forward because they believe the legislature has failed to protect children and families," Lee continued. "When elected officials refuse to act, the people of Colorado are using their constitutional right to bring these issues directly to the ballot."

Opponents, however, call the measure extreme and its language deceptive.

"These proposals go too far," Nadine Bridges, executive director of One Colorado, said in a statement. "They push the government into personal health care decisions that should stay with families and medical providers. That kind of political intrusion does not make families safer or stronger. Coloradans deserve an honest conversation about the real-world impact of these proposals. One of these measures could expose young people to invasive scrutiny simply because they want to play sports in school. That raises serious concerns about privacy, dignity, and the well-being of kids who just want to belong and participate like their peers."

Z Williams, a trans rights activist and co-director of Bread and Roses Legal Center in Denver, says that because the efforts of anti-trans legislation in Colorado have failed in the past, groups behind that movement now want Colorado voters to vote directly on the issue in the ballot box.

The measures, including Initiative 109, however, rely on deceptive language, and broader efforts cite cherry-picked incidents and unverifiable claims, Williams says.

"This ballot measure is basically taking a non-issue — there are not that many children who are trans, and there are not that many people who are trans who are athletes — and is using it as a flashpoint for organizations who are very concerned, and I think rightfully so, that their ideology is dwindling," they said.

Lee said, "this issue is not overstated," citing a finding from the U.S. Department of Education last week that found "male students may occupy up to 61 roster positions on girls' sports teams" in Jeffco Public Schools — a district of about 74,000 students.

There's a dearth of comprehensive data on transgender children in sports, especially on a state-by-state level, but a study involving 40,000 people between the ages of 13 and 24 by the LGBTQ+ nonprofit, The Trevor Project, found that transgender and non-binary people participated in school sports at almost half the rate of their cisgender queer friends and classmates — meaning, those who might be gay, lesbian, or queer, but whose gender identity corresponds to the gender they were assigned at birth. That amounted to 17% of trans and non-binary children who said they play sports versus 27% of cisgender queer children.

Experts from across ideologies say sports have been proven to benefit children in social and academic settings, in addition to physical health, and the Colorado Springs-based U.S. Olympic and Paralympic Committee says inclusion and participation should be prioritized, and that science, while still emerging, says safety is not a primary concern for transgender children in most sports.

According to the group Human Rights Campaign, nearly 90% of LGBTQ+ youth never feel safe in the locker room, and LGBTQ+ youth drop out of sports at almost twice the rate of non-LGBTQ+ peers.

Williams says efforts like Initiative 109 will not only continue to direct fear and hate against transgender children but also harm cisgender children, especially girls.

"I believe what they're going to do is continue to spread misinformation, especially about trans children, that I find very unnerving," they said. "They're organizations that are interested in protecting very few kids and, like I said, their efforts are going to open up increased scrutiny of all girls and make all girls now the target of investigation about their gender arrangement, about their biology."

Lee, of Protect Kids Colorado, said Initiative 109 was "was a response to so many Coloradans' concerns for the privacy, dignity, well-being, and safety of young female athletes" and defended the effort, citing similar legislation in 27 other states.

"I think the thing we need to remember," Williams continued, "we are talking about children who want to be able to participate safely and equitably in their communities and sporting activities, which again, have been shown over and over to have these incredible pro-social and pro-educational values for kids and I just think it's so disappointing to see adults attempt to bully children using our state elections."