Transphobic protest at NCAA Headquarters in downtown Indianapolis

On Thursday, January 12, a transphobic group of protestors gathered outside NCAA Headquarters downtown to protest against transgender athletes being allowed to compete in sports.

From the Indiana Lawyer: Demonstrators protest NCAA’s transgender athlete inclusion

Former Kentucky swimmer Riley Gaines and about two dozen demonstrators outside the NCAA convention Thursday protested the inclusion of transgender athletes in women’s sports and threatened the association with legal action if it doesn’t change its policies.

Gaines competed in last year’s NCAA swimming and diving championships against Penn’s Lia Thomas, who became first transgender woman to win a national title ( the women’s 500-yard freestyle). She also placed fifth in the 200 freestyle, tying with Gaines.

“Today, we intend to personally tell the NCAA to stop discriminating against female athletes by handing them a petition that we have garnered nearly 10,000 signatures on in just a couple of days,” Gaines said, kicking off more than an hour of speeches that attracted a few onlookers and a handful of quiet counter-protesters.

The topic has divided the U.S. for the past several years, with critics saying transgender athletes have an advantage over cisgender women in competition. Eighteen states have passed laws banning transgender athletes from participating in female school sports; a federal judge earlier this month ruled West Virginia’s ban is constitutional and can remain in place.

The NCAA has permitted transgender athletes to compete since 2010.

The Transgender Student-Athlete Participation Policy was updated a year ago, taking a sport-by-sport approach that brings the NCAA in line with the U.S. and international Olympic committees.

Full implementation of the policy was scheduled to be phased in by August but the NCAA Board of Governors this week approved a recommendation to delay that through the 2023-24 academic year “to address operational considerations.”

NCAA leadership says the stated goal in policy making is “not if transgender athletes are included, but how.”

“We want to have an environment that is fair, welcoming and inclusive for all of (the athletes),” Ivy League executive director Robin Harris said at the convention during a session this week on the topic. Harris said the transgender athletes policy is no different from other eligibility requirements.

“They are playing by the rules,” NCAA director of inclusion Jean Merrill said during the session.

Schuyler Bailar, a transgender man who switched from the women’s swim team to the men’s during his time at Harvard, said he believes the NCAA is doing the best it can to be inclusive, fair and effective with its policies. The challenge is that the standards are not static.

“It’s just not that simple. I think they’re ever moving, ever evolving. And fairness is ever evolving, as well, the more we learn about bodies and biology and people and the more we understand diversity and equity and inclusion,” Bailar said at the convention session.

At the protest, Alliance Defending Freedom attorney Christiana Kiefer said the NCAA is violating Title IX, the landmark gender equity legislation enacted in 1972, and legal action against the NCAA could take several forms.

“So I think that could look like a federal lawsuit against the NCAA,” she said. “I think that could look like a Title IX complaint. And I think it could look like even universities starting to actually push back against the NCAA and saying, ’Hey, we have a legal obligation to protect fair athletic opportunities for female athletes and if we fail to do that, you’re kind of binding our hands and not allowing us to fulfill our legal obligations to the female athletes at our schools.’”

The NCAA has not yet taken a stand against states that have banned transgender athletes from competing in women’s sports. The NCAA has previously banned states from hosting its championship events because of the use of Confederate symbolism or for laws that it believe discriminated against LGBTQ people.

Bailar said it would be valuable to have the NCAA take a similar position on this issue.

“I also know that NCAA’s jurisdiction is in college athletics and not in children’s sports. And many of these laws are about children’s sports. So I understand the discrepancy there,” he said. “But I mean, if you’re asking me do I want more support for trans people? The answer is going to be: absolutely yes.”

Continue ReadingTransphobic protest at NCAA Headquarters in downtown Indianapolis

Judge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

Johnny Magdaleno – Indianapolis Star

A federal judge has ordered that Indianapolis Public Schools must allow a 10-year-old girl at the heart of a legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction Tuesday in response to a lawsuit against IPS filed by the girl in federal court in May.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

A spokesperson for IPS told IndyStar it will comply with the court’s order.

“We will continue to support our students, including our transgender students, with the same care and attention we’ve demonstrated prior to the passage of (the law) and the filing of the current lawsuit,” the spokesperson said in a statement.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

In a Tuesday statement the ACLU of Indiana’s legal director Ken Falk said the legal organization was “pleased” by the decision. They filed the lawsuit on behalf of A.M.

When misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people – on the basis of sex,” Falk said.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became the law. On the Statehouse floor she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Advocates for the LGBTQ community criticized the law, saying it would further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect earlier this month.

Magnus-Stinson wrote Tuesday that she was granting the preliminary injunction because A.M. “has a likelihood ofsucceeding on the merits of her claim” that the state law violates her civil rights guaranteed under federal law. She also said there wasn’t evidence the public would experience harm if she issued an injunction.

A.M.’s lawsuit challenging the law is ongoing.

IndyStar reporter Arika Herron contributed.

Reference: https://www.indystar.com/story/news/education/2022/07/26/indiana-transgender-sports-ban-judge-says-girl-can-rejoin-softball/65383081007/

Continue ReadingJudge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

Colts raise $20,000 for Anti-Gay Group

This is being discussed in the comments on my post on Tony Dungy – but it bears pulling up to it’s own entry – at the Indiana Family Institute Dinner, the Colts sent merchandise to be donated off in an auction, which raised $20,000 for the organization to oppose gay rights and to support SJR-7.

Seats for the event at the Ritz Charles, one of the institute’s largest annual fundraisers, went for $75 apiece. In addition to the more than $50,000 raised from ticket sales, the institute auctioned off enough Dungy-signed Colts footballs, helmets and paraphernalia to raise nearly another $20,000.

In keeping with the Colts theme, Dungy was introduced by Colts punter Hunter Smith, whose Christian band Connersvine served as the evening’s entertainment.

While it’s not a public press release of their support for the anti-gay group, it is an endorsement directly from the Colts home office of the marriage discrimination amendment, and is profoundly disappointing.

Continue ReadingColts raise $20,000 for Anti-Gay Group