Supporters of "transgender athletes" continue to speak out against lawsuits and bills to prevent males competing against female athletes. The argument in favor of men competing against women is that people and politicians need to be more "inclusive." It's also been argued that the men in question identify as women.
"It's physical bodies that play sports, not identities," counters attorney Christiana Holcomb of Alliance Defending Freedom (ADF), a law firm representing biological females in Title IX cases. "So, the fact that a person has a particular physiology, especially if they're a male, gives them a physical advantage over females."
For nearly 50 years, Holcomb points out, society has separated sports based on biological sex. "That's to protect female athletes and ensure that we're able to showcase their talents and recognize their achievements and allow them to earn those college scholarships and those athletic opportunities," says the attorney.
ADF and other organizations maintain the biological females are losing competitions, titles, and scholarships to biological males that the females are forced to compete against in events.
"The reason we separate sports based on biological sex is because males tend to have a 10% to 50% performance advantage over comparably fit and trained female athletes," says Holcomb. "That's why it's so important that lawmakers across the country step up to the plate and protect the female category moving forward."
One of those who has stepped up is Republican Governor Kristi Noem of South Dakota, who last week signed SB 46 – a bill that protects athletic opportunities for all females by ensuring they are not forced to compete against men playing on women's sports teams. The governor explained to Fox News today the reasoning behind the legislation:
"We wanted girls in South Dakota to have a level playing field. They needed fairness in sporting events, so the bill I signed … will be the strongest bill in the nation, the first one that's been passed this year. It will make sure that the girls at the K-12 level and at the college level compete only against girls …. We've been fighting this fight [for a level playing field] in South Dakota for many years and doing so successfully."
Holcomb says ADF welcomes South Dakota to the growing number of states "that are ensuring their female athletes won't be spectators in their own sports."
The South Dakota bill is set to take effect July 1 but faces potential legal challenges, says The Associated Press, pointing out that federal judges have halted enforcement of such laws in Idaho and West Virginia – and that the Department of Justice has challenged bans in other states as violations of federal law.
Related Newsmax report on the NCAA changing its policy re: transgender athletes: