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A new bill banning transgender athletes from competing in female sports divisions aims to protect the integrity of female athletic competitions, the Alberta government says.
The bill would establish a “biological” division for women only, and Tourism and Sports Minister Joseph Schoch said gender registration at birth would determine participation in the competition.
The government also said it would support the formation of mixed-gender divisions so that all athletes can compete.
The debate over the inclusion of transgender athletes in female sports has been a highly charged topic in recent years. It revolves around questions related to whether trans athletes have a competitive advantage, as well as arguments that participation in sport is essential for affirming one's gender identity and safeguarding one's mental health.
Schow says it is unknown how many transgender female athletes there are in the province.
“We don't track those specific numbers,” he told reporters on Thursday.
Major sports organizations such as the NCAA and IOC require transgender athletes to meet certain guidelines, but the rules vary. There are 25 US states that have laws banning transgender students from participating in sports consistent with their gender identity, according to the Exercise promotion projecta non-profit organization focused on equality for gays, lesbians, bisexuals and transgender people.
Terms like “biological female” and “biological male” can be used to imply that transgender people are still their assigned gender at birth, despite their identity.
Collegiate sports organization cautious about potential conflicts
For the most part, many sports organizations in Alberta are taking a wait-and-see approach to the impact of the new legislation.
Mark Kosak, the CEO of the Alberta Colleges Athletic Conference, the governing body for collegiate sports in Alberta, told CBC News that the association does not ask students to identify their gender.
“I don't know if there are any transgender athletes in the ACAC, but if you ask me to give you my estimate, I don't believe there are any transgender athletes currently competing in the ACAC,” he said.
He said the provincial government's announcement in February took the ACAC by surprise. He then said the ACAC participated in a telephone town hall and an in-person meeting.
One of Alberta's recently introduced bills aims to protect the integrity of female athletic competitions, the Alberta government says. The province says the bill would create a female-only biological division, and that gender registration at birth would determine eligibility for the competition. The government says it would also support the creation of mixed-gender divisions so that all athletes can compete.
“This is not something that anyone has identified as an urgent issue that requires immediate attention, or any attention, to be honest,” he said.
The policy concerns ACAC, Kosak said. If local transgender policies contradict national policies, that could cause problems, he said.
“The way I see this having an immediate impact on ACAC in our conference is that we may not be able to host any further national championships,” he said.
Furthermore, the possibility of creating a non-gender specific separation is “truly unrealistic,” according to Kosak.
“There are so many reasons why we can't have a non-gender specific third division… Like I told you [earlier]I don't believe there are any transgender athletes currently competing in the ACAC, so I don't know who would compete in this division.”
Debates and data
During Thursday's news conference, Schow referred to 18-year-old Hannah Pilling, a track and cross country athlete.
“[The rules affect] athletes like Hannah, who are right behind me, and there is potentially an impact on so many other athletes in the province of Alberta,” Schöne said.
Pilling said she lost to a transgender athlete at her school zone track meet last year.
“I crossed the finish line in third place and missed the mark for the provincial competitions by half a step. It was crushing. I had trained for years with this goal in mind. Many of my fellow airmen were left in tears, knowing the outcome was “It's not fair,” Pilling said.
On Thursday, Alberta Premier Danielle Smith was asked by CBC Power and politics presenter David Cochrane on the government's focus on this issue, given the lack of available data and the small subset of the population affected.
Alberta has introduced bills on transgender youth health care, student pronouns and opt-in sex education. Prime Minister Danielle Smith joins Power & Politics in slamming her new legislation. Plus the response from lawyer Amelia Newbert who vows to take the Alberta government to court over policies she says target trans youth.
“I think we need to be a little bit broader and look at what they're seeing internationally and be able to draw some conclusions about some of the signposts that we need to put in place here,” Smith said.
Ryder Richard, a trans-male sledge hockey player from Edmonton, said it was concerning that the legislation was introduced.
“Transgender people are not trying to hurt people. We just want to play our sport. Just leave us alone,” Richard said. “We are not the people they make us out to be. We are literally regular people who play sports.”
Speaking to reporters on Thursday, Alberta NDP Leader Naheed Nenshi said Smith is denying athletes the opportunity to compete nationally and internationally.
“For example, if Alberta is out of alignment with other national and international sporting organizations, universities are not confident they can compete in inter-university sport. So again, denying choices, taking away freedoms,” Nenshi said.
LOOK | Alberta's Opposition Leader Rebukes New Legislation:
Other groups also adopt a wait-and-see attitude
In a statement, Mount Royal University in Calgary said MRU Cougars Athletics and Recreation was awaiting more information about the legislation and how it will impact post-secondary sports programs in Alberta.
“Cougars Athletics will continue to support all of its student athletes within the values, guidelines and policies of Cougars Athletics and Recreation, Mount Royal, Canada West and U Sports, the governing body for university sports in Canada,” the statement reads.
U Sports wrote in a statement that it was aware of the government's proposed legislation.
“As the national governing body for university sport, U Sports is committed to creating an inclusive environment for all participants. We have no further comment at this time,” the organization wrote.
Aria McGowan is the quarterback of the Edmonton Storm, a women's soccer team. McGowan speaks with national reporter Julia Wong about a proposed policy to ban trans girls and women from competing against cisgender girls and women in athletic competitions.
The national non-profit organization Canadian Women and Sport published a statement writes on its website on Friday that “all girls – including transgender girls – deserve access to safe, welcoming and inclusive sports environments.”
“Trans inclusion in sport is a complex issue with significant implications for people's lives,” the statement read.
“We urge those with decision-making power to rely on good guidance from leading sports authorities and focus their efforts on implementing evidence-based solutions to tackle the barriers that prevent girls from accessing the benefits of sport .”
The government said it would develop detailed regulations to guide organizations in developing their athlete eligibility policies.
“The law includes legal liability protections for organizations that implement the requirements of the legislation,” said a press release issued Thursday.
As part of the new rules, organizations would be required to report suitability complaints to the government.
