Wisconsin Governor Tony Evers recently vetoed a bill that would have required schools to arrange sports by the sex assigned at birth, an action viewed by Evers and many in the LGBTQ+ community as directly aimed at transgender student-athletes. The legislation was largely supported by the state’s Republican lawmakers.
In his signed veto message, Evers outlined two main legal reasons for striking down the bill. The first legal rationale stated that the proposed legislation disregarded a policy initiated in 2015 by the Wisconsin Interscholastic Athletic Association. This policy left the responsibility of developing guidelines surrounding the participation of transgender athletes in sports to individual school districts, medical professionals, and students.
The second legal footing presented by Evers was that the law would have violated Title VII and Title IX of the Civil Rights Act of 1964. These provisions prohibit the government from sex discrimination for purposes of federal employment or public education receiving federal funding. The interpretation of sex discrimination to include discrimination against gay, lesbian, bisexual, and transgender employees was upheld in the 2020 US Supreme Court decision in Bostock v. Clayton County.
In addition to these legal arguments, Evers brought forth a policy argument expressing he believes the bill doesn’t align with Wisconsin’s values, stressing the importance of kindness, respect, empathy, and compassion.
This contentious topic came into focus when the Wisconsin State Assembly passed Assembly Bill 377 in October 2023. The bill would have mandated each school board, independent charter school, and private school that operates or sponsors sports teams to designate the teams as all male, all female, or coed. Additionally, it sought to define sex as determined by a physician at birth and recorded on the birth certificate.
Currently, a total of 24 states have enacted laws preventing transgender student-athletes from participating in the sports category that corresponds with their gender identity.
More can be read on the bill and Evers’ veto on Jurist – News.