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Ohio Law Could Require ‘Verification’ of Athletes’ Sex

Swimmer by pool
Female swimmer by pool. | Image by Shutterstock

A bill that prevents transgender women and girls from participating in women’s sports was passed in the Ohio House of Representatives last week. The legislation mentions a “verification process” to confirm the sex of a disputed individual.

The language comes from the “Save Women’s Sports Act” (H.B. 61), which was added via an amendment to the scheduled H.B. 151, a bill intended to reduce state control in schools sponsored by State Rep. Don Jones.

With the addition, H.B. 151 would require schools and higher education institutions in the state to have distinct “separate single-sex teams and sports for each sex.”

“In most instances, when young women are forced to compete against young men in athletic competition, it places them at a fundamental disadvantage,” Republican State Rep. Reggie Stoltzfus told members of the House education committee. “A disadvantage that threatens their athletic achievement and even collegiate scholarship prospects.”

The verification process section of the legislation was added as an amendment to the larger bill before the final vote last week.

An athlete whose “sex is disputed” would have to obtain a signed physician’s statement indicating their sex based on only their external and internal reproductive anatomy, a testosterone-levels check, and a genetic makeup test, according to the bill.

These proposals make Ohio the latest state to join the national debate over how to approach transgender athletes in high school and college sports.

More than 20 states have considered proposals to prevent transgender athletes from participating in sports based on their gender identity this year. Similar guidelines have been enacted in Alabama, Arkansas, Mississippi, Tennessee, and Texas. Florida lawmakers passed a bill, and South Dakota’s governor issued an executive order.

“Across the nation, there are girls who used to hold championships that are now held by biological males, which strips scholarship opportunities, medals, advancement in the sport,” said Republican State Rep. Jena Powell, H.B. 61’s sponsor.

Ohio senators will now review the proposals. However, if the bill passes in the Senate, it may face opposition from Ohio’s Republican governor, Mike DeWine.

DeWine told the Associated Press there were better ways to deal with the issue.

“This issue is best addressed outside of government through individual sports leagues and athletic associations, including the Ohio High School Athletic Association (OHSAA), who can tailor policies to meet the needs of their member athletes and member institutions,” he said.

OHSAA has consistently alleged that there is no evidence of problems created by allowing transgender women to compete in sports based on their gender identity.

Currently, transgender students are approved to compete on the sports team of their choice at the association’s discretion. Since September 2015, OHSAA has ruled on 48 cases of transgender students applying to compete in sports, with 11 transgender females being approved.

“Those 11 approvals have resulted in no disruption of competition regarding competitive equity and they have not caused any loss in female participation, championships or scholarship opportunities,” Tim Stried, a spokesperson for the association, said in a statement.

“The OHSAA is confident that our policy, which is based on medical science, is appropriate to address transgender requests and works for the benefit of all student-athletes and member schools,” he added.

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