Bill to ban transgender women from participating in female sports tabled

SANTA FE — Once again in the Roundhouse, it’s unlikely Democratic legislators will let a bill through that would ban transgender women from participating in female sports.

The House Consumer and Public Affairs Committee on Thursday tabled House Bill 185 by a vote of 4-2, along party lines. Bill sponsor Rep. Andrea Reeb, R-Clovis, who also introduced the bill last year, said the move would codify similar actions by President Donald Trump, referring to the executive order he signed earlier this month, titled Keeping Men Out of Women’s Sports.

The bill hold-up wasn’t entirely unexpected. Bill sponsor Rep. Rod Montoya, R-Farmington, said in a news conference before the committee meeting that House Speaker Javier Martínez sent the bill to a “kill committee,” where it wouldn’t have a chance to progress.

Every seat in the House committee room was taken, with dozens supporting or opposing the bill. Security prefaced the meeting by asking audience members to be polite and respectful.

The argument for the bill revolved around “fairness and safety,” according to bill sponsor Rep. Rebecca Dow, R-Truth or Consequences. Proponents said, biologically, men are built differently than women, often giving them physical advantages.

Many referenced the NCAA’s new rules prohibiting transgender women from participating in women’s sports, as well as when activists pushed the University of New Mexico not to play against San Jose State University because of an athlete on the California team who was alleged to be transgender. In November, a federal judge denied a motion to ban the player from the team.

Rep. Liz Thomson, D-Albuquerque, asked how many transgender women are playing sports in high school or college in New Mexico, and Reeb said, “You know we don’t collect that data.”

Thomson said the bill is discriminatory as it allows women to participate in men’s sports, but not vice versa. She also questioned if there should be weight and height classes for every sport, as women come in many different shapes and sizes.

“How do we say that this is the way to go when we allow tiny, tiny women to compete against other big women?” she asked.

During public comment, Kristin Schultz, a pastor, said “transgender girls are girls.” In many instances in the earlier news conference and the committee meeting, bill advocates referred to men, seemingly talking about transgender women.

Gauge Burnett, a transgender man living in Las Cruces, said during public comment he chose to live in southern New Mexico for its acceptance.

“New Mexico athletes do not need this committee or any other body to tell them how to play their sport or who to play it with, or what values to espouse,” he said. “Let the teams live their truths and share their values and play in the way that they want to and that celebrates their communities.”

Bill sponsors said the legislation isn’t meant to target anyone, which committee members Reps. John Block, R-Alamogordo, and Stefani Lord, R-Sandia Park, affirmed.

“I’m not going to pretend that this is not a complex and extremely polarizing issue. ... The issue has become, how do we protect and keep our girls safe?” Lord said.

Montoya, at the news conference, also brought up fears that schools could lose out on federal funding if not in compliance with Trump’s executive order.

“Really, all this legislation would do would bring us in line with Title IX again,” Montoya said, referring to the federal policy that prohibits sex-based discrimination.