Tipsheet

Kentucky Governor Vetoes Transgender Athlete Ban

Democratic Kentucky Gov. Andy Beshear vetoed a bill on Wednesday that would have prohibited biological male transgender athletes from competing on girls' sports teams at public and private schools in the state. 

In his veto letter, Beshear said that a policy protecting women’s sports is already enforced by the Kentucky High School Athletic Association because “the KHSAA has approached the issue of transgender sports participation with nuance, collabortaion and a sense of fairness that would allow transgender children the oppotunity to participate in sports without disturbing the competitive balance” and the “under the KHSAA policy a student-athlete cannot compete if they have an unfair advantage.”

In addition, Beshear cited two other governors’ decisions to veto transgender sports ban bills because they were concerned such legislation would instigate lawsuits.

“In recent weeks, the Republican Governors of Utah and Indiana vetoed similar bills banning transgender children from participating in school sports. They each mentioned the several lawsuits across the country challenging similar bills with initial rulings enjoining their enforcement on equal protection grounds. They each also noted the inability of their state legislatures to identify any existing problems with transgender children participating in their respective state’s school sports. Most importantly, however, the Governor of Utah acknowledged the difficulties faced by our transgender community and the research that shows that the acceptance and connection transgender children experience through school sports can reduce suicidility significantly. 

I share the same concerns Senate Bill 83 most likely violates the equal protection rights afforded by the United States Constitution because it discriminates against transgender children seeking to participate in girls’ or womens’ sports. Moreover, Senate Bill 83 bans transgender children from partcipating in girls’ or womens’ sports without presenting a single instance in Kentucky of a child gaining a competitive advantage as a result of sex reassignment. The General Assembly has not pointed out any example of the KHSAA policy being ineffective in allowing transgender children to participate in sports while maintaining a fair competitive advangtage. Transgender children deserve public officls’ efforts to demonstrate that they are valued members of our communities through compassion, kindness and empathy, even if not understanding. The KHSAA attempted to do that, but Senate Bill 83 prevents it. 

For these reasons, I am vetoing Senate Bill 83."

Last month, two Republican governors, Gov. Eric Holcomb of Indiana and Gov. Spencer Cox of Utah, vetoed similar bills that would prohibit biological male transgender athletes from playing women’s sports. Townhall covered how the Utah state legislature overturned the Governor’s veto.

CNN noted that though Beshear rejected the transgender sports ban from state lawmakers, Republicans passed the measure with majorities that could potentially override Beshear’s veto when they convene again mid-April.

"This law ensures that both sexes get the opportunity to play in a competitive and fair environment," Republican state Rep. Ryan Dotson, one of the bill's supporters, reportedly said this month during debate on the proposal. "I don't want one single female in our state to lose a female sports title, a scholarship, nor the opportunity to play.”