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Indiana passes law banning men from women’s collegiate sports

Getty Images/Steph Chambers
Getty Images/Steph Chambers

Indiana has passed a law prohibiting men from playing in women’s collegiate sports. It is the latest in a series of state-level laws barring men who identify as female from competing in women’s-only sporting events.

Known as House Bill 1041 or House Enrolled Act 1041, Indiana Gov. Mike Braun signed the legislation into law on Wednesday.

“A male, based on a student’s biological sex at birth in accordance with the student’s genetics and reproductive biology, may not participate on an athletic team or sport designated under this section as being a female, women’s, or girls’ athletic team or sport,” stated the law.

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“A state educational institution or private postsecondary educational institution may not retaliate or otherwise take any adverse action against a student for reporting a violation or bringing a civil action for a violation of this chapter.”

Alliance Defending Freedom Legal Counsel Erica Steinmiller-Perdomo, who was invited to testify on behalf of HB 1041, released a statement Thursday celebrating the passage of the law.

“Indiana is right to ensure that female athletes of all ages have a fair and level playing field so that the integrity of women’s sports is protected. ADF commends Rep. Michelle Davis and Sen. Stacey Donato for their leadership in passing this critical bill,” stated Steinmiller-Perdomo.

“We also thank the Indiana Family Institute for its partnership in this effort. By signing this legislation into law, Gov. Braun is restoring common sense and protecting Indiana women for generations to come.”

Authored by the aforementioned Davis, a Republican Indiana state representative, and introduced in January, HB 1041 passed the House in February by a vote of 71-25 and then the Senate earlier this month by a vote of 42-6.

The Indiana chapter of the American Civil Liberties Union was among the critics of the bill, claiming that it was both “discriminatory” and “unnecessary” in light of the recent decision by the National Collegiate Athletics Association to ban trans-identified male athletes from competing in women’s sports.

“Passage of the bill will not change a single thing for Indiana college athletes. Bills like HB 1041 and policies like the NCAA’s actually result in harassment of women athletes who look like they don’t belong,” stated the ACLU of Indiana.  

“The ACLU of Indiana opposes this bill because it is terrible public policy and because we know the contributions that transgender Hoosiers make every day in our state. They deserve the opportunity to fully live their lives, including as competitive athletes.”

In recent years, several states have moved to ban trans-identified individuals from competing in sports designated for the opposite-sex.  

According to the progressive group the Movement Advancement Project, 25 states have laws that ban trans-identified students from competing in sports designated for the opposite sex, while at least two others — Alaska and Virginia — have state agency regulations that do the same. 

In February, President Donald Trump signed the “Keeping Men Out of Women’s Sports” executive order, which directed federal agencies to interpret Title IX rules prohibiting sex discrimination in education as barring men who identify as women from taking part in female sports and athletic competitions.

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