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Davis Journal

Legislature overrides Governor’s veto of HB11

Apr 08, 2022 09:36AM ● By Becky Ginos

SALT LAKE CITY—It took less than 30 minutes for the Utah House and Senate to override the Governor’s veto of HB11 during a special session last Friday. The controversial bill prohibits transgender individuals from competing in women’s sports and was passed on the last day of the 2022 legislative session. Gov. Spencer Cox had said he would veto the bill when it came across his desk.

The votes were decisive with 21-8 in the Senate and 56-18 in the House. Some lawmakers spoke out against the bill before casting their vote. 

“Utahns are looking toward their leaders to look out for them,” said Sen. Kathleen Riebe, D-District 8. “We’re not doing that. This makes me sad and sick to my stomach. We need to dig deep and listen and not be rushed. This is what we’re here for. I’m voting ‘no’ because our work should be for the people.”

This version of the bill didn’t have public comment, said Sen. Daniel Thatcher, R-District 12. “We didn’t hear from therapists, doctors or teammates. This is unconstitutional to discriminate against this. It’s not about whether we like it or don’t like it. I absolutely love those people. This hurts them. We shouldn’t debate about what their life should be.”

This bill hurts girls and hurts the transgender community, he said. “We won’t get any benefit but it will hurt us. If I lose my race, I lose my race. I’m standing up for my principles. I can’t support this vote.”

The legislature also met to adjust HB3001, the indemnification of local education agencies (LEAs). This amendment clarifies that the state will hold responsibility in the case of potential litigation and sets aside $500,000 for possible legal suits. It passed both the House and Senate.

Sen. Todd Weiler, R-Woods Cross, voted against the override but voted for HB3001. “I voted ‘I’ because I don’t see any reason to vote against it. If we’re going to do it (override HB11) we need to protect our school districts.”

Utah now joins 11 other states who have passed similar legislation. “All 11 states have had lawsuits filed against them,” said Senate President J. Stuart Adams. “We anticipated this, that’s why we had a special session for HB3001. We’ll see what form any lawsuits take and respond accordingly.”

There have been rumors that the NBA might pull out of the 2023 All-Star Game in Utah if the bill passed. “The NBA hasn’t talked to me,” said Adams. “We’ll see if they pull out of those other states.”

“I’m a season Jazz ticket holder,” said House Speaker Brad Wilson. “If the NBA has a better idea let’s talk about it. We have to protect women’s sports. We’re committed to finding a solution that benefits all sports. If they have thoughts on how to do this I'd like to hear from them.”

HB11 also creates an unbiased, evidence-based seven-member commission if a court stays the ban on transgender participation. The School Activity Eligibility Commission will decide on a case-by-case basis transgender participation in K-12 sports to ensure athletes can play safely and fairly.

There’s a lot of misinformation out there to the public, said Rep. Kera Birkland, R-District 53 (Morgan) House sponsor of HB11. “What we’re trying to do here is protect the sport. It’s important to send the message to transgender kids that they are loved, and cared about. This is not about not loving them or that we don’t have compassion. We want to be mindful and support these kids but we don’t want to deny the rights of another girl. All we’re asking is that women category sports be kept for women.”

“We’re very concerned about all our kids,” said Adams. “Let’s put the divisiveness behind us and move forward. We’re doing our very best to put the best policy out as we possibly can.” l