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LGBTQ rights groups threaten legal action ahead of potential transgender sports bill override

INDIANAPOLIS (WISH) — The ACLU of Indiana on Monday again said it would waste no time taking the state to court if lawmakers override a gubernatorial veto on Tuesday.

Lawmakers in March sent Gov. Eric Holcomb HB 1041, which would prohibit transgender girls from taking part in girls’ sports at any K-12 school. The bill’s supporters contend transgender girls have unfair advantages over non-transgender girls. At least 16 states have already enacted similar legislation, with lawmakers in Utah and Kentucky overriding gubernatorial vetoes to do so. Holcomb vetoed the bill, citing the threat of litigation, the Indiana High School Athletic Association’s existing policy governing the participation of transgender student athletes and a near-total lack of instances where transgender girls tried to join girls’ sports teams. According to the IHSAA, since officials adopted their current policy, one transgender girl applied for a waiver but withdrew her application before IHSAA officials could ask for more information.

Republicans in the Indiana General Assembly have said they will try to override the governor’s veto when lawmakers return for Tuesday’s technical session. During the regular session, legislators approved the measure by a vote of 66-30 in the House and 32-18 in the Senate. Unlike most states, Indiana requires only a simple majority in each chamber to override any veto, so lawmakers have more than enough votes to override if those voting patterns hold. Senate Minority Leader Greg Taylor, D-Indianapolis, said he’s encouraged by some of the conversations he’s had with his colleagues but acknowledged it will be difficult to flip enough Senate Republicans to sustain the veto. He said lawmakers’ time would be much better spent on issues such as relief from high gas prices.

“We’re going to address a discriminatory practice in the state of Indiana without addressing what really hits people in their pocketbooks, and that is very disturbing to me,” he said.

Bill author Rep. Michelle Davis, R-Whiteland, has consistently said her goal is to maintain a level playing field for female athletes. In a statement to News 8 Monday afternoon, she said, “Despite being equal, biological males and biological females both possess different genetic strengths and weaknesses. Because of these differences, biological girls should compete with girls and biological boys should compete with boys.”

ACLU of Indiana Policy Director Katie Blair said her organization’s lawyers will file a lawsuit immediately if lawmakers override the veto. She said so far, the courts have blocked the implementation of such laws in every state where the ACLU has filed suit.

“Our lawsuit would touch on the unconstitutionality of this bill,” she said. “It’s a violation of Title IX and the 14th Amendment.”

Blair said LGBTQ rights supporters will hold events at the Statehouse throughout the day Tuesday, including a rally at noon.