WHEELING – Are we trying to attract more young people to West Virginia? If so, we should consider how we treat those who still live here.
On Wednesday, April 14, Gov. Jim Justice announced he will support the West Virginia Transgender Athlete Ban which would ban transgender athletes in middle and high school from participating in school sports that match their gender identity. With this bill, West Virginia will join four other states in the systematic persecution of transgender athletes within their borders.
Setting aside for a moment the issues of human dignity, equal protection and personal freedoms – the potential economic impact of such a bill cannot be ignored. The NCAA has taken note of states which have enacted or are planning to enact such bans and announced Tuesday it is closely monitoring these situations.
Toriseva
The NCAA has stated it will not hold championship events or playoff games in states with such bans. The loss of these events will have a significant impact on the state economy and the businesses which benefit by way of these events.
The NCAA’s approach to transgender athlete participation is science-based. For example, a transgender female athlete only can play on a women’s team if she has had one year of testosterone suppression treatment.
It is not hard to create rules that are fair to all. Exclusion is never fair.
Additionally, many large corporations are seeking to enact social change and promote social justice issues. AT&T, IBM, Chevron and United Airlines are just a few companies doing business in West Virginia that proudly support the LGBTQ community. It is possible that this transgender athlete ban could deter these corporations from new business in West Virginia or even make them think twice about continuing existing business relationships in this state.
This bill is a solution looking for a problem. Transgender athletes are not a threat to cisgendered athletes. Transgender athletes have been competing in sports aligned to their gender identity for several years in other states. And in those states, there are almost no instances where one of the athletes has unfairly dominated a sport.
Politicians seek to portray transgender people as some type of immorality lurking in the dark ready to corrupt others. That argument is fearmongering without excuse. It is ridiculous to suggest or imply that transgender middle and high school athletes operate with nefarious intent. They are kids wanting to compete.
We are talking about middle and high school students, you know: kids. It is inarguable that a transgender youth faces a unique set of challenges daily. Sports should be a refuge for these young athletes. Participation in sports teaches the athletes confidence, leadership, goal setting, and the value of hard work. There is no better place for these often-marginalized youths to feel a part of something, to make friends, and to have shared experiences learning all that sports can provide.
Gov. Justice, himself a high school basketball coach, is familiar with the benefits of athletics in a developing child’s life. Yet, armed with that experience and an opportunity to include all youth athletes, he supports a bill that may exclude some. Wrongfully excluding one is one too many, especially when trans teens have a significantly higher rate of suicide than other teens.
The legislative session has ended. West Virginia still has a crumbling infrastructure, struggling small businesses, and ongoing exploitation of our natural resources. Our children still suffer in poverty, our parents are still tormented by the scourge of opioid abuse, and too many West Virginia children languish in foster care. These are the issues worthy of government intervention; not a bill prohibiting children from playing sport.
Far too often in recent history, West Virginia has landed on the wrong side of social issues. Inclusion is the best way forward regardless of the traits that make us unique. All West Virginians deserve to feel at home in our great state. Any bill seeking to exclude or discriminate has no place here, and I urge Gov. Justice to reconsider this bill and to remember the children and young adults it targets.
Toriseva is a trial attorney and business owner from Wheeling.