Gov. Doug Burgum (R-ND)
BISMARCK, N.D. – North Dakota Gov. Doug Burgum vetoed legislation Wednesday restricting transgender students from participating in public elementary and secondary school sports.
Burgum said in his veto message that the state “has a level playing field and fairness in girls’ sports.” The bill, he said, purports that this long fairness is in immediate danger. There is no evidence to suggest this is true.”
The bill prohibits K-12 schools from “knowingly” allowing a student to join an athletic team exclusively for their opposite gender, but does allow girls to play on boys teams.
“To date there has not been a single recorded incident of a transgender girl attempting to play on a North Dakota girls’ team,” Burgum wrote.
The American Civil Liberties Union called legislation unconstitutional and would open the state up to costly litigation. In a statement, the ACLU said it was “thrilled” with the governor’s decision.
Critics say the measure discriminates against transgender student athletes. Opponents also argue legislation would threaten the hosting of collegiate and club sports events in the state and would create legal and economic risks.
Supporters say the legislation would ensure fairness in girls sports and support Title IX, a 1972 federal law that protects people from sex-based discrimination in school activities that receive federal money.
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