HARRISBURG - The Save Women's Sports Act, which would keep transgender females out of female sporting events and also provides new means to file lawsuits, has advanced out of a Pennsylvania legislative committee.
The Senate Education Committee approved S.B. 9 on Wednesday in a 7-4 vote. All four votes against came from Democrats, and all seven voting for were Republicans.
Should party-line voting continue, it is worth noting Republicans hold a majority in the Senate but Democrats outnumber them 102-101 in the House, and Gov. Josh Shapiro is a Democrat called an ally to the LGBTQ+ community.
The prime sponsor of the bill is Sen. Judy Ward. Its legislative memo says it would preserve athletic opportunities for female students by forbidding athletes "of the male sex" from participating in female sports.
"It's imperative that we protect the opportunity for female athletes to compete on the athletic field in a fair and equal manner," the memo says. "Allowing a biological male to compete on a women's scholastic athletic team puts all women on the playing field at an automatic disadvantage."
President Donald Trump has already signed an executive order declaring there are only two biological sexes. The order requires the federal government to use the term "sex" instead of "gender" and says "women are biologically female, and men are biologically male."
The legislation would have an impact not only on the field but also the courts. New causes of action to bring lawsuits are included, like a student "deprived of an athletic opportunity" to sue over psychological, emotional and physical harm. These suits would be brought against schools.
Also, retaliation claims could be produced by students subjected to adverse actions by schools. Schools could also bring suit.
A student at Quakertown High School has already attempted to bring claims like these. "You are not a girl. You should not be racing against girls," plaintiff A.M. told a fellow cross-country runner in September after finishing second.
A.M.'s January lawsuit says Plymouth Whitemarsh High School decided the runner, known as L.A. in court documents, was a biological female when they are actually a male. The Pennsylvania Interscholastic Athletic Association affords principals the last word when a "student's gender is questioned or uncertain."
A.M., a senior at Quakertown High School, again finished second to L.A. in a race, a 4x400 relay, in December. Her lawsuit says her 14th Amendment right to equal protection has been violated.
Philadelphia federal judge Wendy Beetlestone earlier this month denied a motion for a temporary restraining order and dismissed the U.S. Department of Education from the case, leaving the school districts of Quakertown and Colonial and the Pennsylvania Interscholastic Athletic Association.
A status conference on what issues remain is set for April 9.