Bill requiring students to play on sports teams based on biological sex advances

The bill now heads to Gov. Andy Beshear’s desk

FRANKFORT, Ky. (KT) – Final action on a bill that would require students from sixth grade and above to play on teams based on their biological sex, and not the sex they identify with, won final approval by the Kentucky Senate on Thursday, after agreeing to House changes.

Senate Bill 83, sponsored by Sen. Robby Mills, R-Henderson, would direct the Kentucky High School Athletics Association (KHSAA) to develop administrative regulations or bylaws requiring schools that participate in interscholastic athletics to designate all athletic teams, activities and sports based upon the biological sex of the students eligible to participate, and prohibit male students from participating in athletic teams, activities and sports designated as "girls."

In presenting the bill on the Senate floor, Mills said although the KHSAA has a regulation on the subject, “many believe there are flaws in this regulation that could ultimately lead to a female high school athlete competing unfairly with a biological male.”

That measure passed the Senate 25-8 on Feb. 16.

Although the original version of SB 83 approved last month only covered student-athletes between 6^th and 12^th grade, the House adopted a change to the measure that would include college athletes.

Mills, the bill’s sponsor, said he welcomed the change and urged the Senate to agree to the House change. The Senators gave final approval by a 26-9 vote.

Following the vote, David Walls, executive director of The Family Foundation, issued a statement in support of the measure.

“Biology matters, especially in sports," he said.  "As our society increasingly ignores science and biological reality, women are paying the price. Allowing males to compete in girls’ sports reverses nearly 50 years of advances for women. Thankfully, with SB 83, Kentucky will join the growing number of states that value female athletes over radical gender ideology.”

Walls noted the need for the Save Women’s Sports Act and the necessity of including college athletes, was on full display when swimmer Lia Thomas, a biological male, recently won a NCAA Women's Swimming Championship, knocking a female to second place. 

ACLU spokesman Samuel Crankshaw disagreed with the measure. “Transgender students already live and go to school in Kentucky, play sports, and enjoy time with their friends. They deserve the chance to succeed and thrive like any other student. The adults in the General Assembly should focus on what students, teachers, and schools really need, rather than single out vulnerable children to score cheap political points.” 

Crankshaw added the bill could jeopardize colleges' and universities' participation in organizations like the National Collegiate Athletic Association because Senate Bill 83 could force Kentucky teams to violate NCAA policies. 

The bill now heads to Gov. Andy Beshear’s desk.