West Virginia lawmakers pass bill requiring student athletes to play on teams based on sex recognized at birth
Bill overwhelmingly passed the House with 78-20 vote
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The West Virginia House of Delegates has approved legislation that would require student athletes to present a birth certificate or signed physician's statement verifying their sex matches the one of the single-sex sports league they're seeking to enter.
The legislation was sent on Thursday to the state Senate, where Republicans control the chamber. In the House, it overwhelmingly passed along a 78-20 vote.
The American Civil Liberties Union (ACLU) has already vowed to sue over the bill if it becomes law. On its website, it describes the bill as "discrimination against transgender students."
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The legislation comes amid a nationwide struggle over the future of women's sports and whether individuals who identify as "transgender" can compete on single-sex teams. Legislation on the issue has nearly doubled this year with 42 bills introduced in 26 states. Republicans say it is a robust response to President Biden's executive order aimed at preventing discrimination on the basis of gender identity, allowing students to compete against those of the sex they identify as.
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That order argued that "[c]hildren should be able to learn without worrying about whether they will be denied access to the restroom, the locker room or school sports."
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Mississippi passed legislation this month maintaining that "[a]thletic teams or sports designated for 'females,' 'women' or 'girls' shall not be open to students of the male sex."
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South Dakota Gov. Kristi Noem has come under fire for opposing a similar law passed by her state's legislature, which sought to require verification for a student's age and "biological sex, as ascertained at or before birth in accordance with the student's genetics and reproductive biology." It also included a requirement to verify that "the student is not taking and has not taken, during the preceding 12 months, any performance enhancing drugs, including anabolic steroids."
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Noem returned the bill, saying its "vague and overly broad language could have significant unintended consequences."
Fox News' Caitlin McFall contributed to this report.