Indiana HB 1041 is a bill which bars transgender girls from participating in women's sports teams in K-12 schools.
The bill passed the state House on January 27, 2022, and Senate on March 1, 2022. Governor
Eric Holcomb vetoed the bill on March 21, 2022, and the veto was overridden on May 24, 2022. The legislation garnered controversy with prominent organizations like the
ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
and the
Human Rights Campaign
The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
publicly opposing this bill.
Contents
Indiana HB 1041 instructs all K-12 schools and athletic associations to clearly classify sports teams as either men's, women's, or co-educational. It requires transgender girls to be excluded from women's sports. The bill also dictates schools and athletic associations to design and maintain grievance procedures for infractions. It provides that schools and athletic associations are not liable for following the legislation's rules.
Legislative history
The bill was authored by Representative
Michelle Davis with co-authors
Chris Jeter
Chris Jeter is an American attorney and politician serving as a member of the Indiana House of Representatives from the 88th district. He assumed office on August 26, 2020.
Early life and education
Born and raised in Hamilton County, Indiana, ...
,
Joanna King
Joanna King is an American politician and businesswoman serving as a member of the Indiana House of Representatives for the 49th district. She assumed office on December 21, 2020.
Education
King graduated from Northridge High School in Middl ...
, and
Robert Heaton
Robert Charles Heaton (6 July 1961 – 4 November 2004) was an English musician best known as the drummer in the English rock band New Model Army. Besides being the drummer for the band Heaton was also responsible for much of the band's son ...
. It passed the state House on January 27, 2022, with a 66–30 vote and subsequently passed the state Senate on March 1, 2022, with a 32–18 vote. On March 21, 2022, the bill was vetoed by Governor
Eric Holcomb citing a lack of evidence that women's sports are currently unfair. The governor praised the work of the Indiana High School Athletics Association in his veto to keep sports impartial and contrasted it with the new bill. He also wrote that the bill would increase frustration among students, parents, and administrators as well as increase litigation among schools. The veto was overturned on May 24, 2022, with a 67–28 vote causing the bill to be passed into law.
The law went into effect on July 1, 2022.
Controversy
The author of this bill, Representative Michelle Davis, claims that the legislation's purpose is to protect girl athletes. She believes that transgender girls have a competitive advantage which would cause cisgender girls to miss out on the chance to compete fairly. Opponents of this bill counter that the statute would prevent transgender children from having opportunities afforded to cisgender children.
The
American Civil Liberties Union of Indiana filed a lawsuit minutes after the bill was passed. The lawsuit was dropped in January 2023.
The organization opposes this bill saying that it violates
Title IX and the
Equal Protections Clause of the
U.S. Constitution.
The Human Rights Campaign also criticizes the bill's passage calling the vote as "discriminatory, unnecessary, and contrary to all evidence."
References
{{Reflist
External links Governor Eric Holcomb's Veto
Transgender law in the United States
2022 in LGBT history
2022 in American law
Legal history of Indiana
LGBT rights in Indiana