This year, numerous states have enacted laws protecting fairness in women’s sports — and Florida could be next. It’s exciting to see so many governors and legislators taking a stand for girls and women, especially in the face of immense pressure from special interests and “woke” corporations — including the NCAA — to oppose such common-sense legislation.
Florida’s own Fairness in Women’s Sports Act, which is part of Senate Bill 1028, is now sitting on Gov. Ron DeSantis’s desk, and I am optimistic that, by signing the bill into law, he will add Florida to this growing list of states protecting opportunities for women and girls.
In short, this bill preserves the values of fairness and hard work that athletic competition instills in our children and teenagers. The difference in male and female physiology has tangible effects in the world of sports; it’s why we separate sports based on sex in the first place. Ignoring those meaningful biological differences denies women opportunities to succeed.
For example, Allyson Felix is one of the most well-known and accomplished female athletes of our time, holding the most World Championship medals of any athlete, male or female, in history. But her lifetime best 400-meter run time of 49.26 seconds was defeated by 275 high school boys on 783 occasions in 2018 alone. My own husband — who didn’t even go on to compete at the collegiate level — rivaled that time when he ran high school track.
Sadly, we are seeing more and more instances of women being forced to compete against males in sports. Connecticut athlete Chelsea Mitchell should have several more championship titles on her athletic resume, but two male athletes who identified as female were permitted to compete against her in the women’s meets under a state athletic association policy. As a result, Chelsea lost four state championship titles to male athletes.
Chelsea wasn’t the only girl harmed by this. These two males have won 15 women’s track state championship titles between 2017 and 2019 — titles that were previously held by nine different girls. It doesn’t take several boys to knock girls off their podiums or shatter their dreams for athletic opportunities and advancement; it only takes one. And any time a male wins a race, every girl is given a spot lower than the one she deserves.
As these popular bills continue to be enacted across the country, I’ve noticed a troubling trend in how the opposing activists describe what the legislation actually does. They use inflammatory rhetoric and make claims about “trans bans” and “discrimination.” The latter is an ironic characterization, considering that these bills are meant to protect women and girls from discrimination in athletics by protecting the fair playing field that men already have.
Gross mischaracterizations of the bill have caused some confusion about what it actually does. Let’s be clear: The Fairness in Women’s Sports Act does not prevent any student from participating in sports. It simply ensures that all students, regardless of how they identify, play on the team that corresponds with their biological sex, so that women and girls can compete on a level playing field and are not robbed of the chance to win. Just as important, it ensures that female athletes in contact sports, such as basketball, are not subjected to dangerous injury risks from playing against males.
Undoubtedly, the opponents leave out these details because the average person finds the Fairness in Women’s Sports Act to be completely reasonable. In fact, in a poll of 3,500 Americans from Women’s Liberation Front, a feminist group that supports efforts like SB 1028, fewer than 20% of respondents supported allowing males to compete in women’s sports. Another poll from the social-conservative advocacy group American Principles Project had nearly identical findings. These groups may have a vested interest in the topic, but their polls were conducted scientifically, with a mix of Democratic and Republican participants that reflected overall voter registration.
The truth is, it’s sad that the bill is needed in the first place, but it is a logical response to the nonsensical claim that males can compete against girls without consequence. When males play against girls, they dominate. And no matter how hard the young women practice and train, they will end up discouraged and defeated.
Gov. DeSantis has an obligation to protect athletic competition and safety for Florida’s women and girls. I urge him to sign this important legislation into law.
Denise Harle is senior counsel with the Alliance Defending Freedom (@Alliance Defends). Harle served as Florida’s deputy solicitor general from 2015 to 2017.
