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The Republican-controlled Kentucky Legislature voted on Wednesday to override Democratic Gov. Andy Beshear’s veto of legislation that would bar transgender athletes from competing in gender-segregated sporting events from sixth grade through college.
The expected decision came after Beshear refused to sign Senate Bill 83 last week and claimed it was most likely unconstitutional. He said the legislation “discriminates against transgender people” and therefore would not hold up in court.
Kentucky State Capitol in Frankfort, Kentucky on July 29, 2019.
(Photo by Raymond Boyd/Getty Images)
The measure is now law in the state after Republicans overruled the veto of the legislation, which originally passed the state House with a vote of 70 to 23 and the state Senate with a vote of 26 against 9.
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Under the new law, a student’s sex will be determined by the “biological sex” listed on the student’s certified birth certificate “as originally issued at the time of birth or adoption”. This means that people who transitioned to women later in life could not compete on sports teams designated as women’s in the state.
Republican Senator Robby Mills, the bill’s lead sponsor, said the measure would ensure girls and women would compete with other “biological women”.
Andy Beshear, Governor of Kentucky, speaks during a press conference in Frankfort, Kentucky, U.S., Thursday, Jan. 27, 2022.
(Jon Cherry/Bloomberg via Getty Images)
Mills said the bill reflects the concerns of Bluegrass parents across the state. He said he “thinks ahead” to avoid situations where girls or women are unfairly competing with biological men.
“It would be overwhelming for a young woman to train her entire career only to end up competing against a biological male in the state tournament or the state finals,” Mills said in a previous discussion on The law project.
Vetoing the measure, Beshear said his supporters had not presented a “unique example” in Kentucky of someone gaining a competitive advantage as a result of a “gender reassignment.”
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A car is seen driving near the Capitol on January 16, 2021 in Frankfort, Kentucky.
(Jon Cherry/Getty Images)
“Transgender children deserve the efforts of public servants to demonstrate that they are valued members of our communities through compassion, kindness and empathy, even if they are not understanding,” the governor wrote.
The measure was also criticized by others in the state.
“This bill is a solution in search of a non-existent problem,” said Samuel Crankshaw, spokesman for the American Civil Liberties Union of Kentucky. “It is rooted in hatred and unconstitutional.”
Timothy HJ Nerozzi of Fox News and Associated Press contributed to this article.
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