Gov. Justice has, sitting on his desk, one of the most discriminatory bills to come out of the 2021 legislative session. HB 3293 shamefully targets one of the nation’s most vulnerable populations — transgender individuals.
HB 3293 mandates participation in school sports be determined on the basis of sex at birth. The supposed purpose of this bill is to keep biological males out of women’s sports, based on a flawed assumption that “male” athletes are inherently better at sports than biological women. So here are some facts.
It seems circulating testosterone is the key factor under consideration in athletic performance. Dr. Joshua D. Safer explained, before puberty, boys and girls have virtually the same amount of circulating testosterone. It’s not until puberty begins for males in their late teens that testosterone levels increase, creating the physical changes that are considered to give them greater athletic advantage.
He then explains that trans women athletes who begin hormone therapy or take puberty blockers before puberty starts “go through puberty with the same levels of hormones as other girls and develop typically female physiological characteristics, including muscle and bone structure.”
For trans women athletes who take hormones or testosterone suppressants after they’ve gone through male puberty, there are guidelines in place at the highest levels of athletics. The NCAA allows trans women athletes to participate in women’s sports after at least one year of testosterone suppressants. Studies have shown once trans women athletes have been on their hormone regimen for a while, they perform comparably to cisgender (biological sex matches gender identity) female athletes.
In addition, the NCAA has already released a statement saying it won’t allow states with discriminatory laws to host championships. If HB 3293 becomes law, West Virginia will likely lose a lot of athletic and economic opportunities.
Then there’s the mythical cisgender male athlete who transitions so he can win a bunch of women’s events and then transition back. First, he’d likely have to be diagnosed with gender dysphoria to receive treatment. Dr. James Barrett, of the Gender Identity Clinic, said, “We would notice that you didn’t appear to be a trans person. We’re not a shop. You can’t just walk in and say you fancy living as a woman, and oh by the way you’re a tip-top athlete.” Plus, transitioning takes time, usually years, and testosterone suppressants have lasting effects. If a cisgender male athlete tried to game the system this way, he’d have breasts as a lasting souvenir.
There are several other problems with HB 3293 that its supporters failed to consider. The bill text reads: “relating to designation of athletic teams … according to biological sex.” That means trans men athletes would be moved to women’s teams. And unlike trans women athletes, trans men may already be taking testosterone — and experiencing the physical changes associated with it.
The bill also fails to consider the use of facilities. If the bill becomes law, will trans athletes have to use bathrooms and locker rooms opposite their gender? HB 3293 doesn’t bother with these questions.
We don’t have a perfect solution, but a trans athlete ban isn’t it. West Virginia has the highest percentage of teens who identify as transgender, according to a William’s Institute study, and HB 3293 has potentially deadly consequences. Thirty-five percent of transgender teens attempt suicide, and policies like this one that target and isolate them from their peers are a contributing factor.
Gov. Justice must veto HB 3293. West Virginia’s future depends on it.
