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Senate passes fourth substitute of House Bill 11, banning transgender students from girls— sports unless courts intervene

Utah State Senate · March 4, 2022
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Utah Senate on March 4 passed a contentious fourth substitute to House Bill 11 that bars transgender females from competing in girls— school sports, 16-13. The measure triggers a scientific review commission if a court enjoins the ban; sponsors said the two-step approach balances immediate protection for female athletes with a fallback evaluation process.

The Utah State Senate on March 4 passed a fourth substitute to House Bill 11, a measure that prohibits transgender females from competing in girls— interscholastic sports unless a court blocks enforcement and a state commission then evaluates eligibility. The vote was 16 in favor and 13 opposed, and the bill will be returned to the House for further consideration.

Why it matters: supporters said the law is designed to protect safety and the integrity of women—s competition, while opponents said the change was rushed into the final hours of the session, raises constitutional concerns and risks litigation and harms to students. Sponsors also removed proposed indemnification language and said fiscal exposure is limited by governmental-immunity rules, but questions about litigation costs and process persisted through floor debate.

Sponsor—s case and proposed fallback: Senator McKay, sponsor of the fourth substitute, told the Senate the bill adopts a two-part approach: the ban takes immediate effect unless enjoined, and if a court issues a stay the law provides for a commission to set baseline physical ranges and adjudicate eligibility. "If there's an injunction . . . the commission would then kick in and have to address that," McKay said during floor debate. He read a statement from a state-level swimmer who said, "From swimming my first swimming lesson to…

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