PENNSYLVANIA — In a memorandum to lawmakers, ACLU of Pennsylvania Legislative Director Elizabeth Randol urged opposition to Senate Bill 1293, arguing the legislation “cruelly targets vulnerable youth” and raises concerns about discrimination and constitutional rights.
According to the ACLU of Pennsylvania, SB 1293 would “ban transgender girls and women from participating on athletic teams or in sports designated for ‘females, women or girls,’” affecting students across public schools, higher education institutions and athletic programs.
The ACLU of Pennsylvania stated the bill would require schools to classify teams as “(1) Male, men or boys; (2) Female, women or girls; or (3) Coed or mixed,” and mandates that teams designated for females “may not be open to students of the male sex.”
The organization further cited the legislation’s definition of sex as “immutable characteristics of the reproductive system … as determined by anatomy and genetics existing at the time of birth,” adding that “there is no provision in the bill that explains how schools are expected to determine a student’s sex.”
According to the ACLU of Pennsylvania, SB 1293 is “part of an ongoing campaign targeting transgender student athletes” and reflects a shift toward “excluding trans youth from activities that affirm their sense of self.”
The group argued that this approach is “based on inaccurate and harmful beliefs,” with medical organizations describing such bans as “unnecessary and unscientific.”
The memorandum cited advocacy groups emphasizing that “equal participation in athletics for transgender people does not mean an end to women’s sports,” and that claims of competitive harm are “based on a flawed understanding of what it means to be transgender and a misrepresentation of nondiscrimination laws.”
The ACLU of Pennsylvania added that, rather than addressing inequities, “bills like SB 1293 attempt to pit cis girls against trans girls, ultimately dividing and harming all women.”
According to the organization, the bill would violate legal protections by permitting “sex discrimination in schools or institutions of higher education,” raising constitutional concerns involving equal protection guarantees.
The memorandum also referenced Bostock v. Clayton County, in which the Supreme Court held that protections extend to “sexual orientation and gender identity,” and therefore prohibit discrimination against transgender individuals.
The ACLU of Pennsylvania stated that similar laws have already faced judicial scrutiny. Specifically, the Ninth Circuit Court of Appeals found that an Idaho law “categorically bans transgender girls and women at all levels from competing,” and that the state “failed to adduce any evidence demonstrating that the act is substantially related to its asserted interests.”
The memorandum further noted that another court found a similar law’s “sole purpose and effect were to prevent transgender girls from playing on girls’ teams,” concluding that such policies violate Title IX by treating students unequally “on the basis of sex.”
According to the ACLU of Pennsylvania, the bill also raises mental health concerns, stating that excluding transgender youth from sports “sends them the message that they are not worthy of the same kinds of opportunities as their classmates.”
The memorandum highlighted broader impacts, noting that “85% of transgender and non-binary youth” report that “persistent political attacks … have had a negative impact on their mental health.”
The ACLU of Pennsylvania stated that “trans youth have the right to participate in sports consistent with who they are, just like anyone else,” arguing that denying that right “is blatantly unconstitutional and discriminatory.”
According to the organization, SB 1293 is one part of a broader national trend, with “over 616 anti-LGBTQIA+ laws proposed in 49 states,” which “overwhelmingly target trans youth” and are described as “part of a coordinated campaign to push trans people out of public life.”
The ACLU of Pennsylvania concluded its memorandum by urging lawmakers to reject the legislation, stating, “For these reasons, we urge you to oppose Senate Bill 1293,” emphasizing ongoing concerns about civil rights and discrimination.
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