Support for legislation to ban biological men from playing or participating in women’s sports at collegiate levels is gaining steam in Texas after key leaders have signaled their approval for the proposal.
Over the weekend, Gov. Greg Abbott promised during a conference, “This session we will pass a law prohibiting biological men to compete against women in college sports,” as reported by Athletic Business.
Similarly, Lt. Gov. Dan Patrick released his legislative priorities earlier this week, setting aside Senate Bill 15 for “Protecting Women’s College Sports,” as reported by The Dallas Express.
Rep. Valoree Swanson (R-Spring) has filed a bill to do so, submitting it in preparation for the 88th Legislative Session on November 14, 2022. Swanson previously authored the successful ban on biological male athletes in K-12 girls’ sports that passed in 2021.
The current proposal would expand that prohibition to include college sports, stipulating that “an athletic team or sport sponsored or authorized by a public institution of higher education, public junior college, or any private institution or private junior college may not allow a student to participate in an athletic team or sport … that is designated for the biological sex opposite to the student’s.”
Swanson’s bill would also allow a private cause of action if a student is “deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a school district, charter school, or private school knowingly violating this Act.”
Additionally, a student may sue an educational institution or athletic association if “subject to retaliation or other adverse action … as a result of reporting a violation.”
The Senate companion bill, filed on January 27 by Sen. Mayes Middleton (R-Galveston) and coauthored by Sens. Brandon Creighton (R-Conroe), Lois Kolkhorst (R-Brenham), and Charles Perry (R-Lubbock), expands upon the House version by including clarifying language and addressing legal costs.
The Senate bill stipulates that whichever side loses in court “is jointly and severally liable to pay the costs and reasonable attorney’s fees of the prevailing party.”
It also removes “sovereign immunity, governmental immunity, official immunity, and qualified immunity” as valid legal defenses against claims made under the proposed legislation.
Opponents of the bill have suggested that it wrongfully targets LGBTQ residents.
Robert Salcido, the director of the Pride Center San Antonio, claimed, “I think it’s part of the continued attack on the LGBTQ plus community,” according to Fox 29.
“Instead of focusing on the real issues that Texans face, session after session, they attempt to find solutions to problems that do not even exist,” Salcido added.
The Dallas Express reached out to the offices of Rep. Swanson and Sen. Kolkhorst for comment. No response was received by press time.
