Background: House Bill 261 would require public institutions of higher education to restrict men’s sports to biological males and women’s sports to biological females. Existing legislation only applies this sort of restriction to public K-12 schools. This legislation if passed would extend this restriction to all intercollegiate and intramural sports at two or four-year public institutions of higher education. The legislation also provides that institutions complying with the law would be free from adverse action. Students reporting harms from violation of the proposed law would be given avenues of civil action.
Our Position: We oppose HB 261. This bill joins the catalog of Alabama legislation that negatively affects the experience of trans individuals in the state. By prohibiting the participation of trans athletes, this bill would subscribe to the fearmongering around trans experience in our state. The reality is that trans folks are part of our schools, universities, and our community. The ACLU commits to protecting members of the LGBTQ+ community from discriminatory treatment. We are opposed to this bill’s limits that it places on transgender individuals experiences and opportunities.