A new bill that would ban transgender athletes from competing in female sports divisions is intended to protect the integrity of female athletic competitions, according to the Alberta government.
The bill would establish “biological female-only” divisions, and Tourism and Sport Minister Joseph Schow said sex registration at birth would determine competitive eligibility.
The government also said it would support the formation of mixed-gender divisions so that all athletes can compete.
Debate over the inclusion of transgender athletes in female sports has been a highly charged issue in recent years. It revolves around questions tied to whether trans athletes have a competitive advantage, but also arguments that inclusion in sport is essential in affirming one’s gender identity and ensuring one’s mental health.
Schow says it’s unknown how many female transgender athletes there are in the province.
“We don’t keep track of those specific numbers,” he told reporters Thursday.
Major sporting bodies like the NCAA and the IOC require transgender athletes to meet certain guidelines, but rules vary. There are 25 U.S. states that have laws that ban transgender students from participating in sports that are consistent with their gender identity, according to the Movement Advancement Project, a non-profit focused on equality for gay, lesbian, bisexual and transgender people.
Terms like “biological female” and “biological male” can be used to imply that transgender people are still their assigned sex at birth, despite their identity.
Collegiate sports body cautious about possible conflicts
Many sports organizations in Alberta are, for the most part, taking a wait-and-see approach to the impact of the new legislation.
Mark Kozak, the chief executive officer of the Alberta Colleges Athletic Conference, the governing body for collegiate sports in Alberta, told CBC News the association doesn’t ask students to identify their gender.
“I don’t know if we have any transgender athletes in the ACAC, but if you’re asking me to give you my estimate, I don’t believe there’s any transgender athletes currently competing in the ACAC,” he said.
He said the provincial government’s announcement in February took the ACAC by surprise. Subsequent to that, he said the ACAC participated in a telephone town hall and in an in-person consultation.
“This is not something that anyone identified as an urgent matter that required immediate attention, or any attention, to be frank,” he said.
The policy causes the ACAC concern, Kozak said. If local transgender policies contradict national policies, that could pose issues, he said.
“The way I can see it immediately impacting ACAC in our conference is that we may not be able to host any further national championships,” he said.
In addition, the opportunity to create a non-gender-specific division is “truly unrealistic,” in Kozak’s view.
“There’s just so many reasons why we can’t have a non-gender-specific third division … as I was telling 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 presser, Schow referenced Hannah Pilling, 18, who is a track and cross-country athlete.
“[The rules affect] athletes like Hannah, standing right behind me, and there’s potential to affect so many other athletes around the province of Alberta,” Schow said.
Pilling said she lost to a transgender athlete in her school zone track meet last year.
“I crossed the finish line in third place, missing the cutoff for provincials by half a step. It was crushing. I had trained for years with this goal in mind afterward. Many of my fellow racers were left in tears knowing that the outcome wasn’t fair,” Pilling said.
On Thursday, Alberta Premier Danielle Smith was asked by CBC Power & Politics host David Cochrane about the government’s focus on the issue, given the lack of data available and the small subset of the population involved.
“I think we have to be a little bit more broad-minded and look at what they’re seeing internationally, and be able to draw some conclusions about some of the guideposts that we need to put in here,” Smith said.
WATCH | Premier Danielle Smith joins Power & Politics to break down her new legislation:
Alberta has tabled bills on transgender youth health care, students’ pronouns and opt-in sex education. Premier Danielle Smith joins Power & Politics to break down her new legislation. Plus, reaction from advocate Amelia Newbert who vows to take the Alberta government to court over the policies that she says are targeting trans youth.
Ryder Richard, an Edmonton-based trans-masculine sledge hockey player, said it was concerning to see the legislation introduced.
“Trans people aren’t trying to hurt people. We just want to play our sport. Just leave us alone,” Richard said. “We’re not these people that they’re making us out to be. We’re literally just normal people playing sport.”
Speaking to reporters on Thursday, Alberta NDP Leader Naheed Nenshi said Smith was denying athletes the opportunity to compete nationally and internationally.
“If Alberta is out of sync with other national and international sporting organizations, for example, the universities are not sure they’ll be able to compete in inter-university sport. So again, denying choices, taking away freedoms,” Nenshi said.
Other groups taking wait-and-see approach
In a statement, Calgary’s Mount Royal University said MRU Cougars Athletics and Recreation were waiting to learn more about the legislation and how it will impact post-secondary sports programs in Alberta.
“Cougars Athletics will continue to support all 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 of university sport, U Sports is dedicated to creating an inclusive environment for all participants. We have no further comments at this time,” the organization wrote.
The national non-profit organization Canadian Women and Sport published a statement on its website on Friday, writing that “all girls — including transgender girls — deserve access to safe, welcoming and inclusive sport environments.”
“Trans inclusion in sport is a complex topic with significant implications on people’s lives,” the statement reads.
“We urge those with decision-making power to rely on sound guidance from leading sport authorities and to focus their efforts on implementing evidence-based solutions to address the barriers that keep girls from accessing the benefits of sport.”
The government said it would develop detailed regulations to guide organizations in the development of their athlete eligibility policies.
“The act includes legal liability protection for organizations who carry out the requirements of the legislation,” reads a release issued Thursday.
Organizations would be required to report eligibility complaints to the government as part of the new rules.