Gov. Greg Gianforte on Wednesday wrote a letter asking the Board of Regents to restrict transgender youth's participation in college sports after the Montana Supreme Court blocked such policy decisions by the Legislature. Ta.
“While I disagree with the court’s analysis, it leaves the door open for the Board of Regents to enact policies that protect girls and women at Montana colleges and universities,” Gianforte said.
Gianforte urged the regents to implement the policies of the bill blocked by House Bill 112 from the 2021 Congress and to “ensure fair competition for women and girls in women’s sports. Please cooperate with this call.''
Last year, the NCAA implemented a policy requiring transgender athletes to record their hormone levels. A board spokesperson said the board is considering Gianforte's request and will have “ongoing discussions” about Title IX with the governor and stakeholders.
The governor's letter is the latest effort to bring Montana into line with a national right-wing movement to exclude transgender students from participating in school sports. The American Medical Association said efforts to restrict the participation of transgender athletes are “deeply inconsistent with international human rights norms and standards.”
The Republican-majority Legislature passed House Bill 112 during the 2021 session, sponsored by Representative John Fuller (R-Kalispell), when Fuller was a member of the House.
The bill, titled “Save the Women's Sports Act,” was found to be unconstitutional and would allow transgender women enrolled in K-12 public schools and publicly funded institutions of higher education to participate in women's sports teams. I'm trying to ban them from participating. The bill was one of dozens of similar bills around the country aimed at restricting transgender participation in sports.
The bill in Montana was opposed by organizations such as the Montana Human Rights Network and the ACLU of Montana. More than 200 women involved in college sports signed a letter opposing the bill, and 300 Montana businesses also signed a letter opposing the bill.
The Montana Supreme Court ruled last month that the law was unconstitutional as it applied to universities, saying that university athletic policies are under the authority of the regents, not the Legislature.
In response, Gianforte asked the regent to implement changes in the law.
“This erroneous ruling by the Montana Supreme Court removes important protections for female athletes on college campuses and allows biological males to compete with female athletes,” Gianforte said. “This is unacceptable.”
The governor asked the regents to join him in calling on the NCAA to establish a policy similar to HB 112 and “ensure fair competition for women and girls in women's sports.”
The NCAA already had a policy in place for transgender athletes to record their testosterone levels before championship selection, and first announced the change in 2022. Transgender athletes are required to record their testosterone levels at the start of the season, six months after the season, and four weeks before the championship game.
The NCAA oversees championships at the collegiate level and helps create rules and policies for the 26 sports listed on its website, including football, basketball, and gymnastics. Montana State University and the University of Montana both have NCAA athletic programs.
Sports in the University of Montana System are governed by either the NCAA rules or the National Association of Intercollegiate Athletics rules, depending on campus membership, as well as the athletic conference rules set forth in the Board of Governors' Policy Manual. It is also compliant.
Gianforte urged regents to “not dissuade a vocal minority from doing what's right for girls and young women.”
Leanne Kurtz, a spokeswoman for the Office of the Secretary of Higher Education, said in an email statement Friday that Secretary Clay Christian and the board are considering Gianforte's request.
“They are interested in working with the governor to evaluate his request and how it will impact college athletics,” Kurtz said. “There will be ongoing discussions regarding Title IX with the Governor and other stakeholders. Any upcoming board meetings will be posted with the agenda and appropriately notified.”
The Board of Regents is an independent, seven-member body with full constitutional authority to oversee Montana's public university system. The regent is appointed by the governor and confirmed by the Senate.
Dr. Eric Villian, a geneticist and director of the Children's National Health System's Medical Genetics Research Center, told National Public Radio last year that data supports the argument that transgender athletes have an unfair advantage over cisgender competitors. He said no.
Montana is one of four states suing the federal government over recent updates to Title IX, which expands protections against discrimination based on sex to include gender identity and sexual orientation. The changes are expected to take effect next year.
