This story was originally published by the Indiana Capital Chronicle.

A bill that would prohibit transgender female athletes from playing on college teams that align with their gender identity passed the Indiana Senate on Thursday with bipartisan support on a 42-6 vote. 

It now goes to Gov. Mike Braun for his signature.

Sen. Stacey Donato, R-Logansport, sponsored House Bill 1041, painting it as a “common sense” measure “that ensures female athletes have a fair and equal playing field.”

“This bill is about maintaining the integrity of women’s sports and the scholarships (of) these women who train and work to be an athlete,” said Donato in her closing remarks. 

Democrats disputed Donato’s characterization of fairness, noting that the bill does nothing to ensure equal pay for female coaches or address disparate funding. 

Furthermore, Democrats argued that the bill was unnecessary since the National Collegiate Athletic Association, Trump administration and Braun administration have all enacted their own policies barring transgender female athletes from playing on college teams. 

“(The bill) is yet another example of unnecessary language that serves no other purpose than to remind someone that they are ‘other.’ That they are not accepted here. That their own (elected) representation looks down on them,” said Sen. J.D. Ford. “… I think we should be better than this and I think Hoosiers deserve better.”

Legislation from the 2022 session barred transgender female athletes from playing in K-12 sports. 

Bill discussion from opponents

Ford and another Democrat, Minority Senate Leader Shelli Yoder, blasted the bill for a lack of protections for accused students from harassment. 

“Women who work really hard — spending their lives training tirelessly to be an elite athlete — will be accused of being trans because their work has made them too bulky or too muscular or not feminine. And all it takes is one person to point that out and [they’ll] have complete immunity,” Ford said. 

Such accusations have already occurred on the Olympic level, notably with Algerian boxer Imane Khelif, he said. 

Yoder piled on, naming several coaches around the state who had been sentenced for sexually abusing their athletes, including the infamous Larry Nassar, who abused over 100 female gymnasts.

“There is no language that protects against genital inspections, forced disclosure of medical history or invasive questioning by coaches or school officials. There is nothing in (House Bill) 1041 to stop a coach, athletic trainer or administrator from asking a student to prove their gender. Nothing,” said Yoder, of Bloomington. “What is in this bill is the license to discriminate. A license to sexually harass. And we’ve seen what happens when adults in positions of authority abuse that power.”

Instead, Yoder said the bill would invite more scrutiny and endanger students who don’t otherwise fit into a mold — such as intersex students, who are not mentioned in the bill’s language. 

Support from Republicans

Republicans who spoke on the bill saw otherwise. 

Sen. Liz Brown, R-Fort Wayne, shared her experience playing on college teams as an athlete. She said she practiced with the men, used the same equipment, ate the same food and stayed in the same hotels. 

“I don’t want to compete against a man. There are certainly women who I competed against who were far superior to me, but I knew I had, literally and figuratively, a fighting chance,” Brown said. “… The only reason we’re passing this bill now is because opportunities are being taken away from women.”

Sen. Spencer Deery, R-West Lafayette, specifically targeted a statistic from the NCAA president, who told a Congressional panel that there are “fewer than 10” transgender athletes on college teams. 

“It may be 10 today, but I assure you: if we look the other way, it will not be 10 tomorrow,” said Deery.

Several Republicans pointed to viral videos of female athletes getting injured playing against a transgender female volleyball player or wins from transgender female swimmers. 

In an impassioned rebuttal, Sen. Chris Garten said the examples of sexual harassment had “nothing to do with” House Bill 1041, naming female athletes harmed while playing. 

“This is us taking a stand and protecting girls from injuries in competitive sports against biological males,” said Garten, R-Charlestown. 

None of the supporting Democrats spoke on the bill.

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