In the past week, the Montana House Judiciary Committee passed a bill which would create the “Save Women’s Sports Act,” an act that would bar biological boys from teams or in sports designated for women or girls. By passing the bill, the Committee set up a floor hearing in the Montana House.
The sponsor of House Bill 112, GOP Rep. John Fuller told the Montana Free Press that he wanted to protect the 1972 Title IX. Permitting biological boys to compete against biological girls would be “just wrong,” he said, adding, “I believe that this will result in the destruction of women’s sports, and I believe it’s a violation of the spirit of Title IX.”
House Bill 112 cites various reasons for its position: “inherent differences between men and women” ranging from “chromosomal and hormonal differences to physiological differences” as well as men generally possessing “denser, stronger bones, tendons, and ligaments” and “larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher haemoglobin” along with a “higher natural level of testosterone, which affects traits such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of type 2 muscle fibers”;
The bill quotes a recent study of female and male Olympic performances since 1983 that found although athletes from both sexes improved over the time span, the gender gap between male and female performances remained stable, which “suggest[s] that women’s performances at the high level will never match those of men.” The bill also quotes Duke Law professor and All-American track athlete Doriane Lambelet Coleman, tennis champion Martina Navratilova, and Olympic track gold medalist Sanya Richards-Ross writing, “The evidence is unequivocal that starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would beat the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science.”
The bill concludes:
Be it enacted by the legislature of the State of Montana: Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public elementary or high school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education must be expressly designated as one of the following based on biological sex: males, men, or boys; females, women, or girls; or coed or mixed. Athletic teams or sports designated for females, women, or girls may not be open to students of the male sex.
A government entity, a licensing or accrediting organization, or an athletic association or organization may not entertain a complaint, open an investigation, or take any other adverse action against a school or institution of higher education for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex.