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DATE: |
February 11, 2025 |
10 |
SUBJECT: SUPPORT THE PROTECTION OF WOMEN AND GIRLS IN SPORTS ACT
Title
(DISTRICTS: ALL)
Body
OVERVIEW
Women and girls should not be forced to compete in athletic programs where their opportunities, well-being and fair competition are jeopardized by the participation of biologically male athletes.
This bill generally prohibits school athletic programs from allowing individuals whose biological sex at birth was male to participate in programs that are for women or girls.
The Protection of Women and Girls in Sports Act (H.R.28), introduced by Rep. Gregory Steube, asserts:
• It is a violation of Title IX of the Education Amendments of 1972 for federally funded education programs or activities to operate, sponsor, or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls.
While the bill does not prevent males from training or practicing with women’s or girls’ teams, it does ensure that such participation does not deny female athletes the corresponding opportunities and benefits. The Government Accountability Office will also be required to report on the negative impacts of male participation in women’s sports, including the psychological, developmental, and sociological effects on female athletes.
Today’s action recommends the Board of Supervisors adopt a position of support for H.R.28 which would protect the fairness and integrity of women’s and girls’ sports programs across San Diego County.
RECOMMENDATION
SUPERVISOR JIM DESMOND
Direct the Chief Administrative Officer to express the County’s support for H.R.28, consistent with Board Policy M-2, which allows for legislative advocacy consistent with the Board’s annually adopted Legislative Program.
EQUITY IMPACT STATEMENT
The proposed action supports the right of women and girls to participate in sports where they feel safe, and their opportunities are not compromised by the participation of biological men. Allowing men to compete in women’s sports not only jeopardizes the well-being of female athletes but also undermines the years of hard-fought progress to establish Title IX.
SUSTAINABILITY IMPACT STATEMENT
By ensuring fair competition in sports, the bill promotes equitable access to athletic opportunities, which is essential for fostering physical and mental health among women and girls.
FISCAL IMPACT
There is no fiscal impact associated with this action. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
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Details
ADVISORY BOARD STATEMENT
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BACKGROUND
Title IX is a federal law in the United States that was passed as part of the Education Amendments of 1972. Its primary purpose is to prohibit discrimination based on sex in any educational program or activity that receives federal funding. The law was introduced by Representative Patsy Mink, with contributions from Senator Birch Bayh and Representative Edith Green, and signed into law by President Richard Nixon. Title IX was originally focused on ensuring gender equality in educational opportunities, particularly in athletics, where women had historically been underrepresented.
Over time, the scope of Title IX has expanded. Fast forward fifty years, gender identity is now playing a key role in participation: biological males who identify as females are being permitted to participate in women’s sports. This development has raised concerns, as some biological males are not only gaining entry to women’s sports but also taking roster spots and scholarships, limiting opportunities for female athletes, and, in some cases, contributing to injuries.
In 2022, Payton McNabb, a high school volleyball player in North Carolina, suffered a serious injury during a match when a trans-identified male player spiked the ball at her head, rendering her unconscious and causing partial paralysis. The incident raised concerns about the physical safety of female athletes when competing against players who may have physical advantages due to biological differences.
In 2024, a six-foot-tall trans-identified male player, joined the KIPP Academy girls’ basketball team. During competition, the player injured multiple female athletes, escalating concerns about safety and fairness. Ultimately, these injuries forced the Collegiate Charter School to forfeit a game, highlighting the risks and challenges posed by allowing trans-identified males to compete in women’s sports.
Also in 2024, the issue of transgender athletes in women’s sports once again gained national attention when five schools in the Mountain West Conference forfeited matches against San Jose State University in protest of the participation of Blair Fleming, a trans-identified athlete, in women’s volleyball. The situation sparked legal challenges, with former players and coaches filing lawsuits. The lawsuits argue that the conference’s transgender policies, which permitted Fleming’s participation, violated the rights of female athletes. As a result, the Mountain West is under increasing pressure to reassess and potentially revise its transgender participation policies, with broader implications for collegiate athletics across the nation.
Today’s action recommends the Board of Supervisors adopt a position of support for H.R.28 which would prevent federally funded school athletic programs from permitting individuals assigned male at birth to participate in programs designated for women or girls.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the Community Safety and Quality of Life Initiative in the County of San Diego’s 2025-2030 Strategic Plan by helping to ensure safe communities that improve the quality of life for all residents.
Respectfully submitted,
JIM DESMOND
Supervisor, Fifth District
ATTACHMENTS
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