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Utah judge rules against state ban on transgender girls in sports

Order gives authority to legislature-created commission

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A Utah judge has ruled against the state's ban on transgender girls in sports.

A state court has ruled against a recently passed Utah law prohibiting on transgender girls participating in sports consistent with the gender identity, issuing an order barring school officials from enforcing the ban while giving authority to a legislature-created commission.

Third Circuit Judge R. Keith Kelly issued the preliminary injunction on Friday in a case filed by the National Center for Lesbian Rights on behalf of three transgender girls undergoing treatment for gender transition and seeking to participate in girls’ sports.

Kelly’s ruling doesn’t outright allow the girls’ to participate in sports and stop the state from barring other transgender girls from playing in sports, but gives authority to whether or not they can take part to legislature-created commission provided for under the Utah law in the event of a court ruling against it.

“The court is not persuaded that giving plaintiffs and other transgender girls a chance to participate in school sports on an equal footing with other girls poses any threat to the public interest,” Kelly writes. “That is particularly clear given that enjoining the ban will not mean that plaintiffs must be permitted to compete on girls’ teams, but only that they may seek permission from a commission to do so.”

The ban on transgender girls participating in school sports is one of several such prohibitions enacted by states as part of the latest wave of legislation decried as anti-LGBTQ. In the case of Utah, the state legislature enacted the sports ban by overriding the veto of Gov. Spencer Cox.

The Utah High School Activities Association, which made headlines in recent days amid news reports in conducted a secret investigation on whether or not girl athlete is transgender, is one of the defendants in the case. According to the Salt Lake Tribune, the association conducted the investigation is secret without notifying either the student or her parents, then determined she wasn’t transgender after examine her records though kindergarten.

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Survey shows 72% of Utah residents back same-sex marriage

Troy Williams, executive director of Equality Utah said he’s not surprised to see that a majority of Utahns now support marriage equality

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The results of a poll run by the Hinckley Institute of Politics and the Desert News found 72% of Utah’s residents agree that marriages between same-sex couples should be recognized by law as valid, with the same rights as cis-gender marriages.

“For a state that less than 20 years ago passed laws and a constitutional amendment prohibiting same-sex marriage, there has been a seismic shift in opinion,” said Jason Perry, director of the Hinckley Institute of Politics at the University of Utah.

The Deseret News/Hinckley Institute of Politics survey also found that 23% of those surveyed disagreed, while 5% expressed that they don’t know.

The poll shows Utahns are aligned with the nation as a whole on the issue. A Gallup poll in May found 71% of Americans say they support legal same-sex marriage, a new high.

Troy Williams, executive director of Equality Utah, told the Desert News that he’s not surprised to see that a majority of Utahns now support marriage equality.

“Utah is a pro-family state, and we recognize that families come in all shapes and sizes. When we see loving, committed couples joining in matrimony, our natural impulse is to support and encourage that love. This gives me great hope for the future,” he said.

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Utah Governor vetoes transgender sports ban, legislative leaders plan override vote

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said

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Utah Gov. Spencer J. Cox (Photo Credit: Office of the Governor)

Utah’s Republican Governor Spencer Cox vetoed  House Bill 11 — anti-transgender legislation that would ban Trans youth from playing on sports teams that correspond with their gender identity.

The legislation prohibits “a student of the male sex from competing against another school on a team designated for female students” and defines “sex” as “biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.”

The bill sponsored by Republican Rep. Kera Birkeland specifies that a Trans athlete would upload their birth certificate and select the sport they want to play. “If the gender on their birth certificate does not match the sport they want to play, a commission with a doctor, sports physiologist, university level athletic trainer, coach and other experts would decide whether they can play on that team.”

The Salt Lake Tribune reported; In a letter addressed to Senate President Stuart Adams and House Speaker Brad Wilson, Cox defended his decision to veto the proposed legislation.

“I know both of you are committed to these same ideals and that we have worked very hard together to resolve the many issues surrounding transgender student participation in sports. Unfortunately, HB11 has several fundamental flaws and should be reconsidered,” Cox wrote.

Utah legislative leaders on Tuesday announced their plan to meet this Friday for an override session minutes after Cox vetoed the bill, The Salt Lake Tribune noted.

Cox was the second Republican Governor in twenty-four hours to veto anti-trans youth sports legislative measures.

Indiana Republican Governor Eric Holcomb vetoed HB 1041 Thursday, similar legislation that had he signed it into law would have banned transgender girls from competing on girls’ K-12 sports teams.

Cox had made headlines in March after his statement on House Bill 302, a bill that targeted the state’s Trans youth from participating in high school and collegiate sports.

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said. “We have so many people who are in a very difficult spot right now. And we have very few if any transgender girls participating in sports.”

“These kids are, they are just trying to stay alive. You know, there is a reason none of them are playing sports,” says the Governor. “And so, I just think there is a better way, and I hope that there will be enough grace in our state to find a better solution.”

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Utah Gov. Spencer Cox to veto bill banning transgender school athletes

“Transgender kids are kids, and they do not deserve to be the targets of dehumanizing attacks that invalidate their identity”

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Utah Gov. Spencer J. Cox (Photo Credit: Office of the Governor)

Utah Republican Governor Spencer Cox announced late Friday evening that he would veto House Bill 11 — anti-transgender legislation that would ban Trans youth from playing on sports teams that correspond with their gender identity.

The legislation prohibits “a student of the male sex from competing against another school on a team designated for female students” and defines “sex” as “biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.”

The bill sponsored by Republican Rep. Kera Birkeland specifies that a Trans athlete would upload their birth certificate and select the sport they want to play. “If the gender on their birth certificate does not match the sport they want to play, a commission with a doctor, sports physiologist, university level athletic trainer, coach and other experts would decide whether they can play on that team.”

Last year, Birkeland sponsored HB302, a bill that would ban transgender girls from competing in Utah high school sports. Republican Governor Spencer J. Cox threatened to veto that measure which then caused that bill to not advance further in the legislative process.

Cox had made headlines in March after his statement on House Bill 302, a bill that targeted the state’s Trans youth from participating in high school and collegiate sports.

“If you have not spent time with transgender youth, then I would encourage you to pause on this issue,” Cox said. “We have so many people who are in a very difficult spot right now. And we have very few if any transgender girls participating in sports.”

“These kids are, they are just trying to stay alive. You know, there is a reason none of them are playing sports,” says the Governor. “And so, I just think there is a better way, and I hope that there will be enough grace in our state to find a better solution.”

Cathryn Oakley, Human Rights Campaign state legislative director and senior counsel, applauded the governor’s move to veto it.

“As the first governor this year pledging to veto anti-trans legislation sent to his desk for signature, Gov. Cox deserves praise for standing up to those who continue to target and attack transgender youth. Transgender kids are kids, and they do not deserve to be the targets of dehumanizing attacks that invalidate their identity,” Oakley said.

A record number of anti-transgender bills were filed in 2021, largely focused on denying transgender youth the ability to receive gender-affirming care and participate in school athletics programs.

Even more anti-transgender legislation is on track to be filed in 2022. There are more than 280 anti-LGBTQ+ bills under consideration in state legislatures across the country. Of those, at least 115 directly target transgender people and approximately half of those (60 bills) would ban trans youth from participating in school sports consistent with their gender identity.

Caught in the crosshairs of anti-LGBTQ+ elected officials’ divisive political strategy are kids who are simply trying to navigate their adolescence. Transgender youth, like all youth, gain benefits from participating in school athletics: leadership opportunities, better physical and mental health outcomes, self-discipline, self-confidence, teamwork, and, of course, fun – and they shouldn’t be prevented from participating in school athletics because of who they are.

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