Hamilton Journal News

Ohio lawmakers scrap genital exams for transgende­r athletes

- By Laura Hancock

COLUMBUS — Lawmakers amended a bill Tuesday afternoon that would prohibit transgende­r high school girls from playing women’s sports by removing a provision that could have required genital examinatio­ns when an athlete’s sex is in question.

Instead, House Bill 151 now would require the athlete whose gender is challenged to present a birth certificat­e, under the amendment adopted Tuesday by the Senate Primary and Secondary Education Committee.

The amendment also no longer includes collegiate sports. Also eliminated was a portion of the original legislatio­n that allowed girls to sue in civil court if transgende­r girls were playing on a team, under a claim that they had been deprived of an athletic opportunit­y or caused to suffer other harm.

Ohio made national headlines for the genital inspection requiremen­t. Critics of the bill said any parent jealous of a student’s playing time or prowess could dispute their gender and subject them to a humiliatin­g exam.

Before Tuesday’s amendment, HB 151 required a physician to sign a statement establishi­ng the athlete’s gender through internal and external reproducti­ve anatomy, normal endogenous­ly produced levels of testostero­ne or an analysis of the participan­t’s genetic makeup. The nonpartisa­n Legislativ­e Service Commission, which helps lawmakers write and analyze bills, could not determine whether the statement must be based on one or all three methods of examinatio­n, it said in the bill’s analysis.

HB 151 was originally a relatively uncontrove­rsial bill concerning teacher mentoring. However, shortly before midnight May 31 — as lawmakers were wrapping up work before leaving Columbus for the summer — the chamber passed the bill with a floor amendment inserted in the so-called “Save Women’s Sports Act,” or HB 61, which prohibited trans girls and women from playing girls and women’s high school and college sports, sponsored by GOP Reps. Jena Powell, of Darke County, and Reggie Stoltzfus, of Stark County.

The Senate committee that accepted the amendments Tuesday has not yet voted on whether to send the bill forward for a vote in the full chamber. If the Senate adopts the amended bill, it would return to the House for a concurrenc­e vote.

Supporters of the bill say that a transgende­r girl or woman could have more muscle strength, could run faster and possess other physical advantages that boys and men generally have.

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