Texas Governor Greg Abbott has signed Senate Bill 15 into law, known as the “Save Women’s Sports Act,” which aims to protect the integrity of women’s sports by prohibiting biological males who identify as female from competing in women’s collegiate sports. This legislation builds upon previous laws enacted by Abbott that prevent men and boys who identify as female from participating in K-12 school sports that do not align with their biological sex. Under the new law, intercollegiate athletic teams sponsored or authorized by institutions of higher education are prohibited from allowing biological males to compete in women’s sports. The bill defines biological sex based on the sex listed on the student’s birth certificate or other government-issued identification.
However, the bill also allows for exceptions in the case of biological females seeking to compete in sports designated for males, stating that a female student may compete in an intercollegiate athletic competition designated for males if there is no corresponding competition designated for females. The law protects students who report violations, prohibits retaliation by schools, and allows individuals to seek injunctive relief against Texas public colleges or universities and intercollegiate athletic teams that violate the law. The legislation is set to take effect on September 1, 2023.
Governor Abbott emphasized the importance of this law in safeguarding the legacy of women’s sports and protecting the aspirations of young girls who aspire to compete in college sports. However, opponents, including the ACLU of Texas and the Texas Freedom Network, argue that the legislation is unfair, unconstitutional, and cruel. They believe that transgender students should have the opportunity to participate in the sports they love and that the law invalidates their experiences. They claim that the bill is another attack on transgender Texans’ rights and hampers their ability to be embraced, accepted, and thrive in public universities and colleges.
In addition to signing this bill, Governor Abbott’s administration has filed a lawsuit against the Biden administration over its attempts to change Title IX, a federal statute that prohibits sex-based discrimination in educational institutions. The lawsuit challenges the administration’s interpretation of Title IX, which includes protections for LGBT students. Texas argues that this interpretation violates state law, particularly a law passed in 2021 that bans transgender children in K-12 public schools from playing on sports teams that do not align with their biological gender. The state claims that the administration’s guidance threatens to withhold federal education funding from Texas schools and universities that do not comply with the new rules. This lawsuit marks the 50th legal challenge filed by Texas against the Biden administration.
