Good Bill
Sponsor: Rep. Scott Bottoms (R-Colorado Springs)
The bill prohibits biological males from competing in women’s athletic teams, sports, or athletic competitions. The legislation applies to K-12 schools, colleges, universities, and athletic associations. Eligibility for women’s athletics is determined by biological sex at birth as documented on original birth certificates.
Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs receiving federal funding. The statute led to increased women’s athletic opportunities and scholarships. The bill defines “biological sex” as the physical condition of being male or female based on genetics and reproductive biology at birth.
Research on athletic performance differences includes a 2020 British Journal of Sports Medicine study finding transgender women retained athletic advantages over cisgender women even after hormone suppression. The study measured strength, lean body mass, and muscle area. Other researchers questioned whether the study’s 12-month period adequately measured long-term hormone effects.
Questions raised include how the bill interacts with federal Title IX regulations, whether birth certificate requirements create compliance issues for persons whose birth certificates have been amended, how schools verify biological sex without invasive testing, and whether the legislation conflicts with Equal Protection Clause principles from cases like United States v. Virginia, 518 U.S. 515 (1996).
House State Affairs will hear the bill Monday, March 9. Representative Bottoms chairs House Judiciary Committee.
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