Senate Blocks Trans Athlete Amendment to COVID-19 Relief Bill

Senator Tuberville of Arizona recently introduced an amendment to the COVID-19 relief bill that would prevent funding toward schools and agencies which allow trans athletes to participate in sports as their correct gender. Members of the National Transgender State Legislators Caucus have condemned this amendment, in public statements.

“To use trans youth as political pawns in sending relief to states during a pandemic is a despicable act. I strongly condemn the sponsors for introducing this harmful policy,” says Rep. Brianna Titone of Arvada.

Amendment 1386, co-sponsored by Senators Lindsay Graham and Roger Marshall  includes the following:

“As a condition of receiving funds under section 2001, 2003, or 2005, a State, local educational agency, or institution of higher education may not permit any student whose biological sex (recognized based solely on a person’s reproductive biology and genetics at birth) is male to participate in an athletic program or activity that is — (1) administered by that State, local educational agency, or institution of higher education, as the case may be; and (2) designated for women or girls.”

Should amendment 1386 be adopted, both cisgender and trans athletes would be subjected to invasive searches of their anatomy, simply to participate in school sports. The amendment, some conjecture, was designed to force education organizations to discriminate against trans women, requiring them to act directly in violation of federal civil rights laws in hopes of receiving COVID-19 aid.

The amendment was struck down by a vote of 50-48. 49 democrats, and one republican, Senator Lisa Murkowski- AK, voted against the amendment. While 48 republicans and one democrat, Senator Joe Manchin- WV, voted for it.

“Supporting amendments that further perpetuate the fear-based stigma and discrimination of transgender people is not only wrong but against the inherent values of the great state of West Virginia,” says Wheeling City Councilor Rosemary Ketchum, the first out transgender elected official to serve in West Virginia.

In a press release regarding amendment 1386 the National Transgender State Legislators Caucus (Delaware state Senator Sarah McBride, Colorado State Representative Brianna Titone, Kansas State Representative Stephanie Byers, New Hampshire State Representative Lisa Bunker, New Hampshire State Representative Gerri Cannon, Vermont State Representative Taylor Small, and Virginia State Delegate Danica Roem) made the following statement:

“As state legislators, we share a commitment to constituent service, working to better the lives of those we represent each day. Supporting equality is constituent service; this means protecting and welcoming all of our student constituents. We call on the U.S. Senate to swiftly bring the Equality Act to the Senate floor for a vote to pass this critical legislation. We urge our state colleagues to pass legislation that helps all of our constituents, including those who are LGBTQIA+, instead of attacking the very people we are all elected to serve.”