Quick Take

Kansas handed a invoice permitting solely “biologically female” college students to play on women’ and ladies’s athletic groups from elementary by means of school. Social media posts misleadingly declare the invoice will permit “forced genital inspections” of scholars. The invoice doesn’t point out genital inspections, and it leaves the implementation of insurance policies as much as colleges’ governing our bodies.

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Twenty-one states have handed legal guidelines banning “transgender students from participating in sports consistent with their gender identity,” in line with the Movement Advancement Project, an LGBTQ advocacy group.

Among these states is Kansas, the place the legislature has handed House Bill 2238, the Fairness in Women’s Sports Act, which requires that “female student athletic teams only include members who are biologically female.”

Democratic Gov. Laura Kelly vetoed the invoice on March 17. But the state House and Senate overrode the veto on April 5, and the legislation is about to take impact on July 1. 

The act bans transgender women or girls from taking part in feminine sports activities from elementary by means of school in public colleges and personal colleges that compete towards public colleges. Student athletic teams are to be “expressly designated” as male, feminine or coed. “The bill does not exclude students of the female sex from participating on athletic teams designated for males,” a summary of the invoice famous.

Opponents of the invoice have described it as anti-LGBTQ legislation.

After the veto was overturned, social media posts misleadingly claimed that Kansas legislation will permit genital examinations on college students who wish to play sports activities.

“This is Kansas House Speaker Daniel Hawkins (R). He Just passed a new anti-LGBTQ bill that allows for forced genital inspections of children in order for them to play sports. Republicans are currently working to pass these types of bills across the country,” learn a viral tweet posted on April 5.

A video shared on Instagram on April 12 featured the tweet and additional unfold the declare. “Kansas Republicans vote for the right to inspect the genitals of any student athlete (age 5 through college),” learn the caption of the video. 

But the invoice doesn’t say something about genital inspections. In truth, the invoice doesn’t specify how the principles will likely be applied. 

Hawkins, the Kansas House speaker, tweeted that the declare on social media that the brand new legislation will result in genital inspections of scholars is inaccurate. 

“There’s absolutely no language or intent in the Fairness in Women’s Sports Act to require any type of genitalia inspection and that will not be the outcome of the bill. I encourage folks to always do their research in cases like this. Especially when tensions run high, it’s important to look to facts and not accept social media posts as the final word,” Hawkins said. 

Republican Rep. Barbara Wasinger, who launched the invoice, additionally instructed us in an e-mail there’s no point out of genital inspections within the act.

“Read the bill. There is no mention of genitalia checks,” she stated. “Reality is this: 1. Every child in Kansas must supply a valid birth certificate to attend school. 2. Every child in Kansas must have a sports physical in order to play sports.”

(It is frequent for colleges to require a pre-participation analysis, or sports activities bodily, previous to taking part in athletics, according to the National Federation of State High School Associations.)

The invoice states that the Kansas State High School Activities Association, or KSHSAA, an association that oversees athletic and non-athletic competitors in Kansas for college students in grades 7 to 12, might want to undertake guidelines on the right way to implement the invoice provisions for member schools. The Kansas Board of Regents and the governing our bodies for universities, group schools and technical schools will create guidelines for colleges on the college level.  

Wasinger additionally despatched us a duplicate of the shape being at the moment utilized by the KSHSAA for a sports physical.

The type — which should be accomplished by a well being care supplier — asks quite a few well being questions and requires a medical skilled to find out if a scholar is eligible to play sports activities.

The type, which was revised after the legislation handed, now asks for the scholar’s “sex at birth.” The type additionally asks, because it has since at least March 2020, “How do you currently identify your gender?”  

High School Implementation Plan

On April 27, the KSHSAA executive board created a policy to adjust to the brand new legislation, Bill Faflick, the affiliation’s govt director, instructed us in an e-mail.

The new coverage — which is about to enter impact on July 1 — states that sports activities within the state will likely be designated as male, feminine or coed, and “athletic teams or sports designated for females, women or girls shall not be open to students of the male sex.”

“Biological sex means the biological indication of the male and female in the context of reproductive potential or capacity such as sex chromosomes, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen or subjective experience of gender,” the KSHSAA policy states.

The coverage additionally says that colleges will use the bodily examination type to find out which workforce is acceptable for every scholar. The KSHSAA Handbook states, because it has in the past, that college students can’t signify their faculty in sports activities till finishing a physical exam.

According to the KSHSAA coverage, a scholar who’s assigned as a male at delivery — together with a transgender feminine scholar — will not be eligible to play on a women’ sports activities workforce. If a dispute a few scholar’s gender happens, a faculty ought to seek advice from the scholar’s authentic delivery or adoption papers “completed at or near the time of birth,” the policy says. 

“If clarity is not achieved or if the original birth or adoption certificate is not available, the student’s parent/guardian shall produce documentation provided by a licensed physician indicating the biological sex of the student based upon an evaluation using current standard assessment protocols,” the policy states. 

The time period “standard assessment protocols” isn’t outlined within the KSHSAA coverage. Faflick told the Kansas City Star that physicians may use a number of strategies, together with an examination, a karyotype take a look at that makes use of blood to investigate chromosomes, or an evaluation of testosterone ranges.

If no dedication will be made, then the scholar can take part only in male or coed sports activities.

Currently, there are solely three transgender women recognized to be taking part in sports activities in Kansas out of 41,000 women competing in highschool athletics, according to NPR.

Editor’s notice: FactCheck.org is certainly one of a number of organizations working with Facebook to debunk misinformation shared on social media. Our earlier tales will be discovered here. Facebook has no control over our editorial content material.

Sources

Kansas State High School Activities Association. “​​2022-2023 KSHSAA Approved Schools.” Accessed 27 Apr 2023. 

Carpenter, Tim. “GOP-led Kansas Legislature votes to ban transgender athletes from girls’ and women’s sports.” KCUR 89.3. 9 Mar 2023.

Faflick, Bill. Executive director, Kansas State High School Activities Association. Email to FactCheck.org. 28 Apr 2023.

Kansas Legislature. “Fairness in Women’s Sports Act; HB 2238.” Accessed 27 Apr 2023. 

Hanna, John. “Kansas sets trans athlete rule; gender-affirming care saved.” AP News. 28 Apr 2023. 

Hawkins, Dan (@DanHawkinsKS). “In case you missed it! https://kansascity.com/news/politics-government/article274047620.html. ‘There’s absolutely no language or intent in the Fairness in Women’s Sports Act to require any type of genitalia inspection and that will not be the outcome of the bill. I encourage folks to always do their research in cases like this. Especially when tensions run high, it’s important to look to facts and not accept social media posts as the final word.’ #ksleg.” Twitter. 6 Apr 2023.

Kansas Legislature. “HB 2238.” Accessed 27 Apr 2023. 

Kelly, Laura. “MESSAGE FROM THE GOVERNOR REGARDING VETO OF HOUSE BILL 2238.” 17 Mar 2023. 

 Kansas State High School Activities Association. “KSHSAA POLICY: Fairness in Women’s Sports Act.” Accessed 28 Apr 2023. 

Kansas State High School Activities Association. “KSHSAA HANDBOOK 2022-2023 EDITION.” Accessed 28 Apr 2023. 

ACLU Kansas. “[OPPOSE] HB 2238: BANNING TRANSGENDER GIRLS FROM SPORTS.” 13 Feb 2023. 

Shorman, Jonathan. “Kansas sports physicals will ask sex at birth after lawmakers restrict trans athletes.” Kansas City Star. 26 Apr 2023.
Tafoya, Jerick. “Governor Kelly vetoes House Bill 2238.” WIBW. 17 Mar 2023.