Wisconsin Assembly OKs transgender sports restrictions, surgery ban

MADISON, Wis. - The Wisconsin Assembly passed two bills Thursday, Oct. 12 that ban transgender women from competing in women's sports. 

The bills, introduced by Republicans, place new restrictions on who can play sports for public schools, private schools in the parental choice program, UW System schools and technical colleges. The bill states athletes can only play for teams that match their sex determined at birth, and Republicans said it protects opportunity in women's sports.

"This bill is not about hate. This bill is about allowing women to have the opportunity to compete," said State Rep. Janel Brandtjen (R-Menomonee Falls).

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"The mere introduction of policy to separate children based on their identity is inherently disrespectful," said State Rep. Kristina Shelton (D-Green Bay).

"This is not so much about who is right, who is wrong. This is about safety, this is about being fair, and this is about if I'm on the girls' soccer team, I'd like to score a goal every once in a while," said State Rep. Cindi Duchow (R-Delafield).

Meanwhile, Democrats argue it is discrimination toward the LGBTQ community.

"If a trans woman was competing against me in the sport, then that just means if that person's better than me, I need to work harder," said State Rep. Dave Considine (D-Baraboo).

While both bills passed on a party-line vote, the debate surrounding them is far from over. Gov. Tony Evers has already said he plans to veto the bills, should they reach his desk.

"We're going to veto every single one of them (the bills)," Evers told transgender youth and their supporters who gathered at the state Capitol last week for packed hearings on the proposals. "I know you're here because you're pissed off and you want to stop it, and you will stop it, and I'll help you stop it."

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Assembly Speaker Robin Vos said at a news conference early Thursday that advancing the bills in the face of an inevitable veto is "the right thing to do for Wisconsin families" and he hopes Evers will listen to the people and sign the bills into law.

Multiple groups have registered in opposition to the Wisconsin legislation, including the American Civil Liberties Union, the Medical College of Wisconsin, the American Pediatrics Academy’s Wisconsin chapter and the Wisconsin School Social Workers Association. The Wisconsin Catholic Conference and Wisconsin Family Action, a conservative group that advocates for marriage and traditional family structure, are the only organizations registered in support.

The Assembly also signed off on a bill that would outlaw doctors from performing gender-affirming surgery on minors. At least 22 states have enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits. Gender-affirming surgery for minors is rare, with fewer than 3,700 performed in the U.S. on patients ages 12 to 18 from 2016 through 2019, according to a study published in August.

The legislation now goes to the Republican controlled Wisconsin Senate, and if that chamber passes the package of bills, it would go to Evers.

Both the University of Wisconsin-Madison and the WIAA, which governs high school sports, oppose the legislation. They said they each have policies that work to ensure a level playing field for athletes.

UW-Madison warned the bills' passing could prevent the state from hosting tournament events.

The Wisconsin Interscholastic Athletic Association currently requires transgender female athletes to have undergone testosterone suppression therapy for a year before participating on a female team in a WIAA-sanctioned sport. Transgender males athletes who have started hormone therapy, such as taking testosterone, are eligible only for male teams. Transgender males who have not started hormone therapy can still play on female teams. The WIAA policy is modeled after NCAA requirements for transgender athletes.

The Associated Press contributed to this report.

Reaction

State Rep. Dave Considine (D-Baraboo)

"The bills brought before us today impact children’s lives. Bringing these bills to a vote is harmful. Those who voted in favor of the proposals are ignoring what we are hearing from Wisconsin youth. Excluding trans athletes from participating in sports is not what kids want. Kids want to play together. The issue we are talking about is an adult problem.

"Our kids accept each other. We need to learn from them and focus on how we can uplift members of our community. Trans people are an important part of our community. They deserve to be included and respected."

State Rep. Adam Neylon (R-Pewaukee)

"I was pleased to support Assembly Bill 465, which protects our children from gender transition medical intervention. While this bills opponents say it harms transgender children, it does just the opposite, by protecting them from changing their bodies at the most vulnerable, confusing and turbulent time of their lives. I believe an adult should be able to transition if they choose, but it is the duty of society to protect children from errors in judgement that all children make.

"Kids can’t vote, use alcohol or tobacco, buy a car or a lottery ticket, join the military or sign a contract because they’re not mature enough to handle the responsibilities of those decisions. Why then, would we consider allowing a child to change their gender at a time when we don’t allow them to change their names; we would allow them to get puberty blockers, hormone treatments and mastectomies when we don’t allow them to get a tattoo."

State Rep. Robyn Vining (D-Wauwatosa):

"Wisconsin kids, and their families, deserve to be treated with dignity and respect. We should be here affirming human dignity, but we are not. We should be here respecting Wisconsin families, and the healthcare decisions they’re making alongside their doctors–the experts, but we are not. 

"This is a politically motivated bill, and came from a Colorado Springs-based rightwing group trying to win the 2024 presidential election, not a Wisconsin legislator, not even a Wisconsinite. This group’s goal nationwide is to win elections by attacking healthcare rights–to use women and pregnant people and the LGBTQ+ community as political footballs, and this time–those footballs are kids.

"Every major medical and mental health organization supports access to gender affirming support and care for transgender young people and adults.  The people of Wisconsin trust pediatricians–not politicians–with their healthcare. And we know that the mere introduction of this bill causes very serious mental health concerns for the LGBTQ+ community–the mere introduction of this bill hurts people. 

"To my Republican colleagues, the political ambition of your own party isn’t something you should be willing to put above the health and safety of your state’s kids.

"To the LGBTQ+ community, thank you for sharing your voices, for being here during the public hearing, and for being who you are. We heard you. We stand with you–you are loved and valued. I will remain here fighting alongside you to ensure we move Wisconsin forward, together."

State Rep. Chuck Wichgers:

"Today we are looking at the painful problem of gender dysphoria in our kids. Studies show that 88% of gender dysphoric girls and 98% of gender dysphoric boys resolve their dysphoria following puberty with psychological support.

"One study of adults who underwent sex-reassignment surgery showed a completed suicide rate 19 times that of the general population 10 years out. The preponderance of evidence – the overwhelming amount of strong scientific evidence – show that adolescents who receive gender hormone treatment have more suicidal ideation, and more suicide attempts than adolescents who do not get this therapy.

"If we are fighting for the safety and health of our kids, why would the Legislature not enact a law that bans a "therapy" that is 19 times more likely to cause suicide? 

"I voted for this bill because we want public policy in Wisconsin that safeguards the mental and physical health of our kids – not treats them as guinea pigs."

Dr. Melinda Brennan, executive director of the ACLU of Wisconsin

"All young people deserve to feel supported, valued and cared for, but the assembly representatives who voted in favor of these bills today sent a message to trans youth that they are the exception. But that couldn’t be further from the truth. 

"Last week, we saw an outpouring of support from Wisconsinites who gathered at the Capitol to show up for trans youth and forcefully oppose these legislative attacks. It was a powerful demonstration of love and solidarity, as people spent all day speaking out, spreading joy, and celebrating trans life. Trans people are loved and belong in school, sports, and every community, everywhere.

"We know that this type of legislation, even when it doesn’t become law, causes real harm to trans youth and their families. Transgender youth who are affirmed in their gender do better in school, feel safer in their communities, establish healthier relationships with their parents and peers, and are better equipped to plan for their future. In contrast, denying them this support increases their likelihood of dropping out of school, increases their risk for substance use, worsens symptoms of depression and anxiety, and gravely increases their risk for suicide.

"Life’s problems don’t come from being trans — they come from barriers to living openly and authentically. If politicians want to help youth, they need to make sure young people know that they belong, can pursue the activities they enjoy, have access to the healthcare they need, see themselves reflected in their books and curriculum, and — like everyone — feel respected for who they are.

"The State Senate also held a hearing today on the gender-affirming healthcare ban. We hope our Senators choose to protect trans youth by stopping this legislation in its tracks." 

Chris Walloch, executive director of A Better Wisconsin Together

"Politicians should not be the ones deciding what healthcare or extracurricular activities Wisconsin kids have access to. Instead of focusing on the things that we know promote healthy experiences for Wisconsin kids, like fully funded schools with high quality resources and the freedom to have a say in healthcare decisions that impact their lives, the Republicans who passed these bills today are using Wisconsin kids as political tools meant to distract and divide."

University of Wisconsin-Madison:

The University of Wisconsin-Madison thanks the committee for the opportunity to provide written testimony on Assembly Bill 378, relating to designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants. 

UW-Madison and Wisconsin Athletics are committed to creating an inclusive and welcoming environment for our student athletes and support the opportunity for transgender student athletes to participate in college sports. We oppose the legislation to restrict or ban transgender athletes from participating on college sports teams solely on the basis of sex. 

As proposed, Assembly Bill 378 would require University of Wisconsin campuses to designate categories of sports by sex (defined as sex assigned to an individual at birth by a physician) and prohibit transgender women (who were assigned male at birth) from participating on a sports team that is designated for females. If adopted, this would put UW-Madison and other institutions of higher education in Wisconsin out of compliance with current NCAA policy. As you know the NCAA (National Collegiate Athletic Association) is the governing body for college athletics. The organization includes over 1,000 member institutions and over 100 athletic conferences, including Division I schools like the University of Wisconsin-Madison. 

The NCAA has an existing policy that addresses transgender participation in college sports by requiring hormone suppression treatment for transgender women to compete in women’s sports. This policy is in line with policies of the International Olympic Committee and the U.S. Olympic and Paralympic Committee. Recently, the NCAA announced that when selecting host locations for tournaments and events, it will consider any actions that may allow for discrimination of certain student athletes. In fact, the NCAA prohibited North Carolina teams from hosting any post-season tournaments and events in the state. Passage of this legislation would have serious financial and reputational consequences for Wisconsin college teams. 

Passage of Assembly Bill 378 may also subject UW-Madison to investigation and enforcement action by the Office of Civil Rights, the enforcement arm of the U.S. Department of Education. UW-Madison may also face injunctive relief and damages as a result of litigation alleging that the University’s compliance with Assembly Bill 378 constitutes discrimination against transgender students. 

Feedback from our student athletes and coaches indicates that the current NCAA policy is functioning well and promoting an environment that is fair and inclusive to all athletes. We have no indication that additional legislation is necessary or beneficial.

In fact, Assembly Bill 378 would negatively impact students by depriving them of the opportunity to compete in collegiate athletics despite meeting NCAA criteria to do so. The benefits of college athletics extend beyond the playing field – participation provides a supportive community and opportunities for service and leadership development. 

Thank you for the opportunity to submit written testimony on the impact this legislation would have on UW-Madison and Wisconsin Athletics.