On Friday, January 22, 2021, the Montana house judicial committee voted to send MT HB 112 “Save Women’s Sports Act” to the floor for a vote. This left many wondering if MT HB 112 will ending up costing Montana as a similar bill did in North Carolina.
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The answer is yes as it indefensibly targets transgender students according to their biological sex just as HB2 did.
Montana’s “Save Women’s Sports Act” is in contravention to the Supreme Court’s interpretation of Title VII of the Civil Rights Act of 1964 that “that a person’s “sex” is defined by gender identity, not by biological gender.”
In 2017 The NCAA Board of Governors approved an anti-discrimination process for championships bids which effectively precluded North Carolina from hosting championship games until the legislature rescinded HB2:
“The board’s decision follows the recent actions of legislatures in several states, which have passed laws allowing residents to refuse to provide services to some people based on their sexual orientation or gender identity. While proponents of the laws focus on how they protect religious beliefs, critics have voiced concerns that they create an environment of sanctioned discrimination.”
“The board’s decision reaffirms the NCAA commitment to operate championships and events that promote an inclusive atmosphere in which student-athletes participate, coaches and administrators lead and fans engage.”
“The Association considers the promotion of inclusiveness in race, religion, sexual orientation and gender identity as a vital element to protecting the well-being of student-athletes, promoting diversity in hiring practices and creating a culture of fairness.”
When the DOJ enforced Obama’s presidential order its was controversial, he had very little legal precedent and no legislative support.
This time President Biden has Supreme Court decisions. the law, and a multitude of lower court rulings in favor of transgender equality not to mention control of both houses to enact laws to solidify trans equality. It would be foolish to legislate transgender discriminatory laws now more than ever.
President Biden’s order means that this administration is prepared to vigorously defend and enforce the legal protections that LGBTQ people enjoy under federal law. Every state considering anti-trans bills barring trans people from sports must now consider that they will face a U.S. government that is not facilitating anti-trans discrimination but actually enforcing Title IX’s protections to stop it. Every employer, every landlord, every health care provider that is considering firing or evicting or denying health care to a transgender person must now think about the fact that all three branches of the federal government have made clear that anti-LGBTQ discrimination is illegal.