Coloradans are being asked on the November ballot to vote on whether transgender athletes should be allowed to play on school sports teams that align with their gender identities.
The question will be posed to voters via Proposition 134, which, if passed, would affect athletic teams at K-12 districts, charter and private schools, as well as universities and community colleges. Since the measure would change state law, a majority vote is required for Proposition 134 to pass.
Prop 134’s placement on the November ballot comes as efforts to ban transgender athletes from girls’ sports teams have gained momentum under the second Trump administration.
The federal government has threatened to withhold tens of millions of dollars from school districts for policies that protect transgender students, including and .
What would Proposition 134 do if passed?
The ballot measure, if approved by voters, would prohibit transgender students from playing on school sports teams that align with their gender identities. Instead, players would be required to play on teams that align with the gender they were assigned at birth unless the team is co-ed, according to .
Under the measure, girls could participate on boys’ teams if a school doesn’t have a separate team for them in a particular sport.
If passed, Proposition 134 would prohibit any government agency or athletic association from investigating or penalizing a school for designating a team “as only for biological females,” according to the Blue Book. (The has already said it won’t sanction districts and schools for policies that ban transgender students from playing on girls’ sports teams even without the proposition’s passage.)
The measure would also require the state’s commissioner of education to take action if schools don’t comply.
How does the measure interact with anti-discrimination laws?
The state’s Blue Book says itap “unclear at this time how the measure will impact” , which prohibits discrimination based on a person’s sex, sexual orientation, gender identity and gender expression.
Under the state law, public K-12 schools and higher education institutions may not exclude students from activities, such as sports teams, based on their gender identity.
Whether or not schools violate the state’s Anti-Discrimination Act by banning transgender students from playing on girls’ sports teams is a question that is already making its way through the courts via lawsuits filed by two school districts.
Jeffco Public Schools sued the Trump administration earlier this year, arguing that the district cannot prohibit transgender athletes from playing sports because doing so would violate state law.
Similarly, near Colorado Springs has arguing that the state’s Anti-Discrimination Act violates students’ rights by allowing transgender girls to play on teams that match their gender identities.
At the federal level, Title IX prohibits sex-based discrimination at schools, including sports teams.
The Trump administration has argued that schools discriminate against girls and violate — the landmark law passed in 1972 to ensure women and girls can participate in school activities without harassment or discrimination — by allowing transgender students to play on female sports teams.
Attorneys specializing in Title IX have said the Trump administration is misapplying the law, which they said doesn’t require schools to ban transgender athletes from playing on teams that match their gender identities.
The has largely left the issue up to each state. Earlier this year, the high court upheld state laws that ban transgender girls from playing on teams that match their gender identities. But the ruling did not address what happens in states with laws that allow transgender students to play on girls’ teams.
What would it cost?
It’s unclear how much the passage of Proposition 134 would cost. The state’s Blue Book does not highlight a specific amount, but acknowledges that the measure will increase workload and legal costs for local districts and the to make sure public school systems comply if the measure is approved.
What do supporters say?
Supporters of the measure argue that allowing transgender girls to participate on female teams creates an unfair advantage and risks taking away achievements and scholarship opportunities girls might otherwise win.
They also argue that allowing transgender students to play on girls’ teams “jeopardizes the safety and physical and emotional boundaries for female athletes.”
What do opponents say?
Opponents argue the measure discriminates against transgender students, potentially leading to harassment, shame and isolation for children and teenagers.
The measure, if passed, could also result in athletes having to undergo physical inspections to prove their sex, and students could be targeted for such inspections simply based on their strength, appearance or athletic success, opponents argue.
