11th hour: Republicans sneak transgender sports measure in ‘divisive concepts’ bill

Published 1:41 am Tuesday, April 5, 2022

ATLANTA — Democrats were stunned at Republicans’ 11th-hour move to restrict transgender sports participation by tacking it on to another controversial bill designed to prevent school teachings of “divisive concepts,” as the 2022 legislative session came to an end.

Following the Senate’s amendment to House Bill 1084 Friday, a House amendment surfaced just before midnight Monday that now includes a provision allowing the Georgia High School Association to ban transgender females (biological males) from playing on girls sports teams.  

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“If the athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the association may adopt a policy to that effect,” a section of the bill states.  

The policy should apply to all of the athletic associations participating in high school parts, the bill states. The GHSA may be convinced to implement such a policy.  

During a committee meeting for a bill designed to prevent transgender students from playing on teams of their gender identity, Georgia High School Association Executive Director Robin Hines agreed with bill’s proponents that boys are biologically stronger than girls and transgender females would have an unfair advantage. He added the association does not support discrimination of any sex, and that the association accepts the gender determination of the local school district.

“I do believe that there are biological differences in male and female and we strive all the time for competitive balance,” Hines said.

The bill was approved in the House 98-71 shortly before the midnight deadline and was immediately sent to the Senate where it was approved 32-21 just after midnight.  

Before the House vote, Democratic Rep. Matthew Wilson called out the sneaked-in addition to HB 1084.

“The Georgia GOP just shoved their trans-youth sports ban into their anti-CRT legislation 15 minutes to midnight on the last day of the session. It has passed,” Wilson, a gay man, tweeted shortly after the vote. “It is so hard to reconcile being in a state that hates people for who they are with the love  I have for us I’m sorry.”

An emotional Rep. Park Cannon pleaded with her colleagues to reconsider their decision; however, a vote to reconsider the vote failed.  

No senators were allowed to comment on the sudden proposal before their vote, with Sen. Gloria Butler attempting to stall a vote by “motioning to print” the bill.  

“This anti-trans bill passed hooked onto a divisive concepts bill,” Democrat Sen. Elena Parent tweeted. “We didn’t have the bill on our desks, no one knew what it said, it passed after midnight and likely violates the prohibition in the (Georgia) Constitution against bills having more than one subject matter.” 

Throughout the 2022 session, which started early January, HB 1084 had been known as the Republican-led bill aimed to prevent teachings of “divisive concepts” or critical race theory, a concept that suggests systemic racism is embedded in laws, policies and institutions that lead to racial inequalities. 

While CRT isn’t taught in Georgia schools, opponents have argued that HB 1084 could target teachers whose curriculum borderlines other race-related topics. Supporters of the bill have argued that certain race-related topics create division among students.  

The bill now awaits the signature of Gov. Brian Kemp who had alluded, during a visit to the House floor earlier in the day, that the measures are part of his priorities.

“I’m looking forward to continuing the critically important conversation on the best ways to achieve an income tax cut for hardworking Georgians, on fairness in school sports, divisive concepts and the Fiscal Year 2023 budget,” Kemp said.