There has been a lot of news lately about Florida’s new law about transgender students and its impact on students in middle and high school and on the collegiate level. Unfortunately, there seems to be a lot of misinformation out there regarding what the bill does and does not do. This article will attempt to explain what Florida’s new law about transgender students does and how it may impact your child.

What Is The Law Called?

The law us called the “Fairness in Women’s Sports Act.”

What Does The Law Do?

The law requires students to play on the sports team for the gender assigned to them at birth and listed on their birth certificate. In other words, children identified as males on their birth certificate (AMAB) will only be allowed to play in sports teams for other males.

What If A Girl Wants To Play A Male Only Sport?

The bill prevents AMAB students from playing on a girls’ team. The law does not prevent a female student-athlete who has female on their birth certificate (AFAB) from playing or competing in a male-dominated sport such as football or wrestling. It also does not prevent AFAB students who identify as male from playing on a boys team.

Why Does The Law Seem To Target Transwomen?

According to the sponsors of the law in the legislature, the intent of the law is based on the belief that AMAB individuals are more athletic than AFAB individuals. This logic assumes that this dynamic creates an unfair advantage for the girls in a specific activity. Proponents claim that allowing AMAB students to compete in women’s sports takes away opportunities from other girls.

How Will A Student Prove Their Biological Sex?

The law requires that a student prove their biological sex as “part of a routine sports physical examination”. A health care provider completes this examination and identifies the following:

  • The reproductive anatomy of the student
  • The genetic makeup of the student
  • The normally produced testosterone levels of the student.

What Are The Concerns With The Law?

The main concern of the law is that it discriminates against transgender athletes. Furthermore, it seems to address a problem that has yet to exist in the State of Florida. Also, the “sports physical examination” may be evasive to a student’s medical privacy rights guaranteed under HIPPA. It also does not take into consideration the students who might not have a personal healthcare provider. People might not have health care providers due to costs or lack of insurance options for the family.

What Are The School’s Liability In The Law?

According to the law, schools or institutions that follow the law by having separate but equal sports teams for males and females are protected from civil lawsuits.

How Can They Enforce The Law?

The law gives female students up to two years to sue in civil court for being denied an opportunity due to competing against an AMAB student. The accuser could sue the school or organization that does not follow the law.

Thompson Law Can Help

Educational law is a highly specialized area of law and should be handled by experienced attorneys. If your child has been discriminated against in the educational environment due to their gender, sexual orientation, or gender identification, contact the lawyers at Thompson Law for a consultation.