The bill will prohibit biological males from participating in women’s sports at the collegiate level, regardless of that individual’s gender identity.
“Last session, Texas reaffirmed our commitment to protecting girls’ opportunities in public schools,” Swanson said in a press release. “The exceptional young women competing at the college level should have that same protection.
The bill she intends to file closely models HB 25, the “Save Girl’s Sports Act.” She authored and passed this legislation last year to prevent biological men from participating in women’s sports from the 7th to 12th grades.
The issue of transgender involvement in women’s sports has been a hot-button issue recently. Swanson and Rep. Brian Harrison (R-Midlothian) wrote a letter last month to U.S Department of Education (DOE) Secretary Miguel Cardona opposing proposed rule changes to Title IX.
Title IX, the landmark achievement of the 1972 Education Amendments, reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
The changes would expand the definition of sex to include gender identity and sexual orientation.
The department said that under this change, “They would make clear that preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX.”
Harrison and Swanson believe that these rule changes are an attempt to circumvent state laws like Swanson’s “Save Girls Sports Act.”
They wrote in their letter, “The new definition would require any K-12 school, college, or university receiving direct or indirect federal funding to open any sex-separated space, program, or offering to someone who is biologically of the opposite sex.”
Interestingly, the rule changes do not explicitly mention the issue of sports.
Texas also is not the only state to pursue legislation similar to Swanson’s; there are 14 others with laws prohibiting biological males from participating in women’s sports.
Additionally, there have already been legal challenges to the proposed Title IX changes. Twenty states sued the Biden administration and the DOE over them, but Texas was not involved with this lawsuit.
In July, a federal judge temporarily halted the guidance from taking effect in those 20 states.
“We are thankful the Court put a stop to it, maintained the status quo…and reminded the federal government it cannot direct its agencies to rewrite the law,” Tennessee Attorney General Jonathan Skrmetti said in a statement following the decision.
This situation will continue to develop into next year and beyond as states like Texas and all those who currently have laws regarding this issue continue to fight against the DOE and the Biden administration.
Swanson’s bill will be eligible to be filed on November 14, 2022.
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Hudson Callender
Hudson Callender is a reporter for The Texan and a lifelong resident of San Antonio, Texas. Hudson recently graduated cum laude from Trinity University with majors in Economics and Political Science, and loves to study ancient history. Hudson is also an avid mountaineer, backpacker, and paddler, often leading trips to remote wilderness areas. Outside of his love for nature, history, and Lone Star beer, Hudson spends his weekends arguing with his friends about football, and will always stick up for the Baylor Bears, Dallas Cowboys, and San Antonio Spurs.
