The state House voted, twice, on Thursday to limit the rights of transgender youths.
Without a single Democrat in support, legislators said that anyone who is born a male cannot participate in intramural or interscholastic sports for females, regardless of whether she has fully transitioned. Supporters of SB 1165 said it simply recognizes the reality that males are inherently stronger than females.
By that same all-Republican vote, the House approved SB 1138. It prohibits any form of 鈥渋rreversible gender reassignment surgery鈥 on an individual younger than 18, even with the consent of parents.
Rep. Kelli Butler, D-Paradise Valley, accused supporters of 鈥渉ypocrisy.鈥
She pointed out that nothing in state law 鈥 and nothing in this bill 鈥 precludes teens, with parental permission, from getting surgery to increase or reduce breast size. It would only be illegal in cases of gender reassignment.
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Rep. John Kavanagh, R-Fountain Hills, countered with his own example.
He cited the 2014 vote by the legislature which outlawed 鈥済enital mutilation,鈥 a measure aimed at parents of some religious groups who subject their daughters to the procedure. And Kavanagh said that law, approved unanimously, had no exceptions for parental permission.
Both measures now go to Gov. Doug Ducey. But there is some possibility that Ducey could veto the legislation on sports.
Republican governors of two other states already have set the precedent with their own vetoes, including a decision just days ago by Utah Gov. Spencer Cox. He said there were so few of these cases that these decisions should be left to the organization that governs interscholastic athletics in his state.
And there was something else.
Cox cited figures that show 86% of transgender youths have considered suicide, with 56% actually making an attempt.
鈥淚 want them to live,鈥 he wrote. 鈥淎nd all the research shows that even a little acceptance and connection can reduce suicidality significantly.鈥
But efforts by Butler to point out the statistics cited by Cox were shut down by House Speaker Pro-tem Travis Grantham, R-Gilbert. He said she could discuss only the measure actually up for the vote.
Grantham, however, did not block Kavanagh from discussing the 2014 legislation on genital mutilation.
Butler said the fact remains that transgender kids do have a higher rate of suicide than other teens. And, tearfully, she said one of the reasons is their feeling that they don鈥檛 belong.
鈥淭his bill is banning transgender youth from doing sports, which is actually designed to give people a feeling of belonging and a sense of teamwork and a sense of being part of something that creates camaraderie and makes them feel included and welcome,鈥 Butler said.
Kavanagh said that鈥檚 misstating the facts.
鈥淭his bill allows everybody to participate in sports,鈥 he said. 鈥淚t simply says that you have to go on the team that aligns with your biological gender because, quite frankly, puberty conveys significant physical advantages on males.鈥
Underlying much of the debate is whether there is a problem that needs to be fixed.
Backers of the measure have pointed to Lia Thomas who competed for three seasons at the University of Pennsylvania against men while she began her transition in 2019. Now, competing as a woman, she has shattered various records.
But Rep. Jennifer Pawlik, D-Chandler, cited the testimony of Dr. Kristina Wilson who serves on the medical advisory board of the 蜜聊直播 Interscholastic Association.
鈥淭hey have a procedure for determining if a transgender person can play on sports teams,鈥 Pawlik told colleagues. And that committee has approved the requests of just 16 transgender individuals seeking to compete on the team on which they identify.
鈥淪o when we hear stories about how the issue of how trans people dominating in sports is a really big deal in the country, we found that there is little to no evidence of that being an issue in 蜜聊直播,鈥 Pawlik said.
Rep. Shawnna Bolick, R-Phoenix, was not convinced.
鈥淚n my opinion, it鈥檚 unfair to allow biological males to compete in biological girls鈥 sports,鈥 she said. 鈥淭he advantages bestowed by biological male puberty are so big that no amount of training or talent can enable biological female athletes to overcome them.鈥
Bolick said that is borne out by the speed records set by men and women in races. And she said if it comes down to choosing between inclusion and fairness, she chooses the latter.
鈥淢uch of the male advantage is granted by testosterone due to male puberty,鈥 she said. 鈥淪uppressing testosterone in adults seems to do little to undo the advantages granted by male adolescence.鈥
Rep. Melody Hernandez, D-Phoenix, said all that transgender youths want to do is 鈥減lay sports with people they identify with.鈥
But House Speaker Rusty Bowers, R-Mesa, said sports is about more than just participating.
鈥淭his body could make other league opportunities to play in where they didn鈥檛 care about winning,鈥 he said.
鈥淏ut for many, competition is the essence of excellence and being the best,鈥 Bowers said. 鈥淎nd when that鈥檚 taken away by an arbitrary decision that someone takes a choice, wants to participate, and has such a huge advantage, that destroys the dreams of many, many, many striving young women.鈥
Part of the fight over the measure on surgery turned on whether lawmakers should trump the decisions made by parents that their children have determined that their biological gender is not who they are and are willing to help them transform their bodies to match that identity.
鈥淭his is getting in the way of the child-parent relationship,鈥 said Rep. Andres Cano, D-Tucson. 鈥淚t鈥檚 government overreach.鈥
But Rep. Mark Finchem, R-Oro Valley, said that precedent already has been set with the 2017 vote by the Pima County Board of Supervisors which made it illegal for parents to pay for counselors to conduct 鈥渃onversion therapy鈥 for their children, a process that normally takes the form of trying to convince youngsters to give up being gay.
And Kavanagh said there鈥檚 nothing wrong with the state deciding that certain procedures should be outlawed.
鈥淭his is mutilation of children,鈥 he said. 鈥淚t is irreversible, it is horrific.鈥
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