This week, the Republican-led North Dakota Legislature passed a bill to Governor Doug Burgum. The bill prevents transgender females from participating in women’s sports categories in both elementary and secondary school athletics.  

Supporters of the bill say that they are advocating for fairness in women’s sports, which has been worked towards for decades. Bill supporters say this complies with Title IX; a federal law that prohibits sex-based discrimination in academic institutions; “this is not about hatred or love…this is about Title IX and women’s rights and girls’ rights to have an even playing field. This is about feminism,” Sen. Janne Myrdal, R-Edinburg said.  

Those opposing the bill say that this is an attack on the transgender community and is not discrimination against women, but one against transgender athletes. In response to those wanting to uphold Title IX, opposers claim that Title IX is to protect all students, including transgender women. Bismark student Zander Mueller, and member of the LGBTQ community said “There is already so much transphobia and homophobia in this state. By passing this bill, it will make the state more dangerous for the transgender community and the transgender youth in this state”.  

Opposers also express their disapproval from an economic standpoint, claiming that tourism and sports tournaments will rapidly decline if the bill is passed.  

The North Dakota High School Activities Association already has a Transgender Student Board Regulation brought into effect in 2015 that they stated they would prefer to abide by over the proposed bill. It reads: 

“Any transgender student who is not taking hormone treatment related to gender transition may participate in a sex-separated interscholastic contest in accordance with the sex assigned to him or her at birth.  

The following clarifies participation in sex-separated interscholastic contests of transgender students undergoing hormonal treatment for gender transition: 

• A trans male (female to male) student who has undergone treatment with testosterone for gender transition may compete in a contest for boys but is no longer eligible to compete in a contest for girls. 
• A trans female (male to female) student being treated with testosterone suppression medication for gender transition may continue to compete in a contest for boys but may not compete in a contest for girls until completing one calendar year of documented testosterone-suppression treatment.” 

The bill will arrive shortly at the desk of Governor Doug Burgum where the result will be recorded.