Indiana General Assembly overrides veto to enable trans sports ban

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The Indiana General Assembly voted Tuesday to override a veto of a bill that would ban transgender girls from playing on a girls sport or team in K-12 schools.

The House voted 67-28 to override the veto, with three Republicans voting against the override. The Senate voted 32-15 to override the veto.

Gov. Eric Holcomb vetoed the bill in March, saying it did not provide a consistent policy for what he called “fairness in K-12 sports.” He also pointed to the IHSAA’s policy on transgender athletes.

Republican sponsors of the bill maintained Tuesday it is needed to protect the integrity of female sports and opportunities for girls to gain college athletic scholarship but could not point out any instances in the state of transgender athletes outperforming other girls.

Ahead of the vote, dozens of young people and supporters gathered outside the statehouse to play games to show legislators that kids want to play, organizers said.

For one game, called switch, there were four green cones set up in a square, with a purple cone on the middle and another purple cone between two of the green cones. Six people play — one person standing at each cone — and the person in the middle yells out “switch,” after which everyone runs and tries to be the only person on a green cone. If two people run to the same green cone, they play rock, paper, scissors to decide who stays in the game.

Traneisha English, program director of Play Works, said the organization focuses on social, emotional and physical benefits of play for all children. The organization understands “the power of inclusive play,” English said.

Games like switch, English said, teach conflict resolution in a low stakes game. But, English said the vote to ban transgender girls from playing on a girls team or sport is high stakes.

If she had a chance to talk with a legislator ahead of the vote, English said she’d listen, explain to them what inclusive play is and tell them about the negative impacts the bill will have on transgender youth.

“I would ask them, is that what they really want? And I would hope their answer is no,” English said. “We are worried about the future of inclusive play.”

Nathaniel Clawson, of Bloomington, who has testified against the bill since it was first proposed in the legislature, said his transgender daughter woke up in a foul mood Tuesday.

In an effort to comfort her, he told her they plan on having a fun morning playing sports outside with other kids. His daughter, who is 9 years old, said she didn’t see it that way.

“‘People are trying to take away my rights,’” Clawson said his daughter told him.

His daughter loves to play volleyball, soccer and roller derby, and all her friends know her as a girl. When she’s a little older, she will start taking hormone blockers and won’t go through male puberty.

“If … she were to play on the boys team, that’s unsafe for her. She’s not going to develop that muscle mass that’s part of testosterone puberty,” Clawson said.

The American Civil Liberties Union of Indiana immediately filed a lawsuit challenging the law Tuesday afternoon in the U.S. District Court for the Southern District of Indiana. Similar laws have already been blocked or temporarily enjoined in other states.

The lawsuit was filed on behalf of A.M., a 10-year-old girl who plays on her school’s all-girls softball team. The new law, which would go into effect July 1, 2022, would deny A.M. the right to rejoin her team because she is a transgender girl.

“We’re all in this fight together, and we’re going to stay in this fight together,” said Kit Malone, advocacy strategist for ACLU Indiana, during a “let kids play” rally ahead of the vote.

“Today we’re here to let those lawmakers know, we don’t want them to override that veto. We don’t want laws in this state that discriminate against one particular group of people, in this case transgender girls,” Malone said.

Zoe O’Haillan-Berne, director of engagement for Indiana Youth Group, said the bill “isn’t about the safety of cis gender youth” but “it is about the comfort of cis gender adults.”

“True Hoosier hospitality means everyone is welcomed, especially every child,” O’Haillin-Berne said. “Trans is beautiful. Trans rights are human rights. At IYG, you’re welcome to play any day.”

During the House session, the Representatives weren’t allowed to address the bill under House rules.

After the House vote was announced as passing, the room was silent.

During the Senate session, senators were able to address the bill. Senator Greg Taylor, D-Indianapolis, called the bill blatantly discriminatory.

“Throwing children under the bus to gain support from voters is not what we’re here to do,” Taylor said. “With this legislation, you’re telling women they are weak.”

Senator J.D. Ford, D-Indianapolis, listed other Republican governors who vetoed similar bills and reiterated the opposing testimony that was heard when the bill was advancing through the legislature.

“This isn’t a Democrat or Republican issue, but with sustaining the veto today, it’s a life saving issue,” Ford said.

After the vote, Rep. Mike Andrade, D-Munster, said he wasn’t surprised by the vote because Democrats have a super minority in the legislature.

“(Republicans) are not even willing to listen to their own governor after he decided to say ‘Hey, let the kids play,’” Andrade said.

The bill will have negative impacts on the mental and emotional health of transgender youth, during a time that young adults are struggling with mental health issues, he said.

Andrade said the legislature could’ve discussed more important issues facing Hoosiers, like suspending the state gas taxes.

“In the scheme of things, we have bigger problems in our state to address. But yet we decide to address something that’s not relevant,” Andrade said.

Senator Rick Niemeyer, R-Lowell, said he voted in favor of the override because it ensures “fair and competitive” women’s sports.

“I think it’s absolutely about integrity in women’s sports. I think it will be fair competition,” Niemeyer said.

Niemeyer said he doesn’t see there being a negative impact on transgender youth with the passage of the bill.

“It’s not really a problem in Indiana,” Niemeyer said. “We’re trying to head that off because there’s a possibility it will be.”

Senator Rodney Pol Jr., D-Ogden Dunes, said he was disappointed with the vote because “it’s the antithesis of Hoosier hospitality.”

“I do have faith that the courts will restore the status of their ability to play sports. This goes against this idea that we’re small government,” Pol said.

After the vote, Malone said her first thought is about the transgender youth “who have seen the degree to which our legislature will go to prioritize doing them harm.”

“This is not the end of the road. Every civil rights battle has had its downsides and it’s ups. In the rear view mirror, all of the people here who are arraying their forces against this small and vulnerable group of harmless people are going to look very bad to history,” Malone said.