Ping Pong 

click to enlarge

• Trent Nelson/Pool Photo
• Utah lawmakers plan to override Gov. Spencer Cox's veto of a transgender athlete ban.

Utah's Republican-dominated Legislature will meet Friday to double-down on legislation banning transgender children from participating in school sports, overturning a veto from Gov. Spencer Cox in the process.

Cox issued the veto on Tuesday after promising to do so on the final day of the 2022 legislative session, when lawmakers jettisoned a compromise proposal at the 11th hour in favor of a hastily-drafted, outright ban on trans student athletes.

In a lengthy letter to legislative leadership, Cox explained that the bill approved by lawmakers overtly invites a lawsuit while failing to indemnify the Utah High School Activities Association and school districts that would face legal action.

“I hope you can agree that if we want to protect women’s sports, bankrupting the institution that is responsible for their participation is a bad place to start,” Cox wrote. “If the state insists on a policy that encourages significant litigation, I believe the state should pay for the litigation."

Cox wrote that he shares concerns around unfair competition in women's sports, citing the "egregious" example of a collegiate swimmer in another state who has been targeted by conservatives nationwide. But he added that in Utah, there are only four trans student athletes—and only one trans girl—participating in school sports, while citing statistics that suggest a majority of transgender children have attempted suicide, with almost 9 in 10 demonstrating suicidality.

Cox said that he doesn't fully understand transgenderism, but strives to err on the side of kindness, mercy and compassion.

“Four kids and only one of them playing girls sports. That’s what all of this is about," Cox wrote. "Four kids who aren’t dominating or winning trophies or taking scholarships. Four kids who are just trying to find some friends and feel like they are part of something. Four kids trying to get through each day. Rarely has so much fear and anger been directed at so few. I don’t understand what they are going through or why they feel the way they do. But I want them to live."

The ban, HB11, failed to pass with the two-thirds majority necessary to override a veto. But legislative leaders say they have polled the Republican caucuses and found enough lawmakers willing to switch their vote to push the legislation through.

“Members of the Legislature, including the [ban's] sponsor, have worked tirelessly for more than a year to find the best way to approach a complex issue and I anticipate that we will have sufficient votes to override the veto," House Speaker Brad Wilson, R-Kaysville, said. "Ultimately, the Legislature recognizes the value of girls athletics and our members want to ensure girls have the level playing field to compete that was created by Title IX.”

And in a prepared statement, Senate President Stuart Adams, R-Layton, said the state must work to preserve the integrity of women's sports.

“We have been listening to our constituents, talking with experts, and we feel it's important to make decisions now that protect athletes and ensure women are not edged out of their sport," he said. "We care deeply for all students, but we can not ignore the scientific facts that biological boys are built differently than girls.”

In addition to vetoing HB11, Cox on Tuesday called for a special session of the Legislature on Friday—following the override vote—to "consider financial and legal issues" related to the legislation. In addition to his veto, Cox on Tuesday called for a special session of the Legislature on Friday—immediately following the veto override—to address the "financial and legal issues" created by the ban becoming law. He also reiterated his support for the compromise proposal, which would see a sports commission adjudicate individual instances of transgender participation.

“I do not know if the commission would completely solve this divisive issue," Cox said, "but I appreciate the innovative and respectful approach that if offers.

Morgan Republican Rep. Kera Birkeland, HB11's sponsor, also responded to Cox's veto, saying she was "disappointed" but hopeful the Legislature would continue its efforts to restrict trans students.

“High school girls across the state have expressed their concerns, and we owe it to them to listen," Birkeland said. “I will continue to advocate on behalf of the girls who feel like they cannot speak out for themselves.”