Idaho governor Brad Little signed the controversial House Bill 500 – called the “Fairness in Women’s Sports Act” by supporters – into law Monday. At the same time, he signed HB 509, which prohibits transgender people from changing the sex listed on their birth certificates.
HB 500 bans transgender women and girls from competing in women’s and girls’ sports at the high school and collegiate level in Idaho, making the state the first in the country to pass legislation against transgender students.
The bill applies to ” interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public school or any school that is a member of the Idaho high school activities association or a public institution of higher education or any higher education institution that is a member of the national collegiate 6 athletic association (NCAA), national association of intercollegiate athletics (NAIA), or national junior college athletic association.”
It would mandate that teams be designated as based on biological sex – Males, men, or boys; Females, women, or girls; or coed or mixed – and that “sports designated for females, women, or girls shall not be open to students of the male sex.”13 (2) Athletic teams or sports designated for females,
“If disputed,” the bills continues, “a student may establish sex by presenting a signed physician’s statement that shall indicate the student’s sex based solely on the student’s internal and external reproductive anatomy; The student’s normal endogenously produced levels of testosterone; and an analysis of the student’s genetic makeup.”
The ACLU of Idaho says both bills are unconstitutional.
- Those who transition from male to female are eligible to compete in the female category under the following conditions:
- The athlete has declared that her gender identity is female. The declaration cannot be changed, for sporting purposes, for a minimum of four years.
- The athlete must demonstrate that her total testosterone level in serum has been below 10 nmol/L for at least 12 months prior to her first competition (with the requirement for any longer period to be based on a confidential case-by-case evaluation, considering whether or not 12 months is a sufficient length of time to minimize any advantage in women’s competition).
- The athlete’s total testosterone level in serum must remain below 10 nmol/L throughout the period of desired eligibility to compete in the female category.
- Compliance with these conditions may be monitored by testing. In the event of noncompliance, the athlete’s eligibility for female competition will be suspended for 12 months.