What is North Dakota House Bill 1298?
In its simplest terms, HB 1298, which you can read in its entirety here, bans transgender, nonbinary, or gender fluid athletes from participating on a sports team of their gender identity. Any school or entity that receives public funding from or in North Dakota cannot host or allow an all-female or all-male sports team to play that includes participants who were assigned a different gender at birth.
Why is this harmful?
This bill is extremely transphobic and hostile towards non-cisgender athletes. It would force trans people to out themselves in order to play on a sports team, and it would invalidate their identities. While some people have concerns for the safety of cisgender athletes, those concerns are largely unfounded.
Don't trans people have an advantage, though?
Simply put, no.
It is true that anatomically and biologically, the average cisgender man has more muscle mass, a higher bone density, and often, more natural athletic capacity than a cisgender woman. However, there are actually larger differences within genders than there are between them. Even if differences between genders were more extreme, trans people often undergo medical processes or treatments (such as taking testosterone or estrogen) that lessen such differences. Keep in mind that there are plenty of sports split up by gender whose rules and competition are not rooted in assumed biological differences. Many sports also already have different levels, classes, or categories to account for differences in weight, skill, or experience.
Furthermore, the argument that trans people would have an unfair advantage in athletics is often rooted in transphobia and misogyny. The very nature of athletics is that someone will always be better, faster, or stronger, so while it is good to make sure everyone has a fair chance to compete, if you are against specific groups having success, you might want to consider why. Second, the reason sports are separated by sex is so that women, who were and still are being systemically pushed out of athletics, have a fair chance to compete. If you believe that a trans woman competing on a woman's team is harmful to women, that means that you are forgetting that trans women are women too. The idea that cisgender women are fragile and must be protected at all costs has been used throughout history time and time again, and it has never really been about protecting women. There are things to be said about protecting women in sports, of course, such as desexualizing uniforms, implementing equal pay, having more female coaches, broadcasters, etc., and changing the culture around sports. If your advocacy starts or stops with keeping out trans women, though, you are not helping cis women. Instead, you are perpetuating a myth of fragility -- which, let's be honest, only extends to able-bodied white women -- to further marginalize an already oppressed group of people.
This argument also often ignores trans men. If people assigned male at birth would always have an advantage, no matter what, over someone assigned female at birth, then there should be no problem with allowing trans men to play on male teams, or at least no concerns for cis people. Keep in mind that if you truly want trans people to play on the team of the sex they were assigned at birth, that would mean trans men -- men -- playing on women's teams, and trans women -- women -- playing on men's teams. Is this not exactly what you were trying to avoid?
You are NOT a bad person if you have questions or concerns about trans people or trans athletes. This is simply an issue on which we need to constantly be checking ourselves and educating ourselves. If you would like to educate yourself further, this article by the ACLU is a great place to start. You can also check out this article from The Hill or this one from Men's Health.
It is true that anatomically and biologically, the average cisgender man has more muscle mass, a higher bone density, and often, more natural athletic capacity than a cisgender woman. However, there are actually larger differences within genders than there are between them. Even if differences between genders were more extreme, trans people often undergo medical processes or treatments (such as taking testosterone or estrogen) that lessen such differences. Keep in mind that there are plenty of sports split up by gender whose rules and competition are not rooted in assumed biological differences. Many sports also already have different levels, classes, or categories to account for differences in weight, skill, or experience.
Furthermore, the argument that trans people would have an unfair advantage in athletics is often rooted in transphobia and misogyny. The very nature of athletics is that someone will always be better, faster, or stronger, so while it is good to make sure everyone has a fair chance to compete, if you are against specific groups having success, you might want to consider why. Second, the reason sports are separated by sex is so that women, who were and still are being systemically pushed out of athletics, have a fair chance to compete. If you believe that a trans woman competing on a woman's team is harmful to women, that means that you are forgetting that trans women are women too. The idea that cisgender women are fragile and must be protected at all costs has been used throughout history time and time again, and it has never really been about protecting women. There are things to be said about protecting women in sports, of course, such as desexualizing uniforms, implementing equal pay, having more female coaches, broadcasters, etc., and changing the culture around sports. If your advocacy starts or stops with keeping out trans women, though, you are not helping cis women. Instead, you are perpetuating a myth of fragility -- which, let's be honest, only extends to able-bodied white women -- to further marginalize an already oppressed group of people.
This argument also often ignores trans men. If people assigned male at birth would always have an advantage, no matter what, over someone assigned female at birth, then there should be no problem with allowing trans men to play on male teams, or at least no concerns for cis people. Keep in mind that if you truly want trans people to play on the team of the sex they were assigned at birth, that would mean trans men -- men -- playing on women's teams, and trans women -- women -- playing on men's teams. Is this not exactly what you were trying to avoid?
You are NOT a bad person if you have questions or concerns about trans people or trans athletes. This is simply an issue on which we need to constantly be checking ourselves and educating ourselves. If you would like to educate yourself further, this article by the ACLU is a great place to start. You can also check out this article from The Hill or this one from Men's Health.
What are we doing about this bill?
Our Bismarck chapter or Student Advocates of North Dakota teamed up with the Dickinson chapter to plan a peaceful protest on the Bismarck Capitol grounds on February 19th from 10 a.m. to 1 p.m. We secured a permit, and we had trans people and cis allies speak at it. The event was live-streamed, and it also received some media coverage, an example of which you can find here! We are also continuing to make our voices heard by contacting our representatives.
What can I do to help?
Our protest was very successful, but our work is not done yet! Please contact the North Dakota representatives in charge of hearing this bill to voice your disapproval. You can fill out this form to send a pre-drafted email to ND senators. You could also call or write your own message, or use the message drafted by our club, which is as follows:
I am writing to you as a resident of North Dakota concerning House Bill 1298. While I recognize that there may be concerns about the safety of students and athletes in sports, the nature of this bill is extremely hostile, transphobic, and divisive. I appreciate that North Dakota's representatives are looking out for the safety of student athletes, and I believe that trans athletes should be included in these concerns. Banning transgender athletes from playing on a team of their gender identity would further isolate and marginalize them, and multiple studies have shown that trans athletes are actually at a disadvantage, not an advantage, when they are in sports. Bill 1298 is incredibly retrogressive and harmful, and I strongly disagree with it. I urge you to make the just and right decision and not support this bill.
Thank you,
(your name here)
To check out more details on the House Bill 1298, visit here! To find out who represents you, visit here!
I am writing to you as a resident of North Dakota concerning House Bill 1298. While I recognize that there may be concerns about the safety of students and athletes in sports, the nature of this bill is extremely hostile, transphobic, and divisive. I appreciate that North Dakota's representatives are looking out for the safety of student athletes, and I believe that trans athletes should be included in these concerns. Banning transgender athletes from playing on a team of their gender identity would further isolate and marginalize them, and multiple studies have shown that trans athletes are actually at a disadvantage, not an advantage, when they are in sports. Bill 1298 is incredibly retrogressive and harmful, and I strongly disagree with it. I urge you to make the just and right decision and not support this bill.
Thank you,
(your name here)
To check out more details on the House Bill 1298, visit here! To find out who represents you, visit here!
City Ordinances - Picketing and Demonstrations
10-06-03 Picketing and Demonstrations
10-06-04 Notice of Intent to Picket or Demonstrate
10-06-05 Picketing Regulations
- "Picketing" means the practice of standing, marching, sitting, lying, patrolling or otherwise maintaining a physical presence by one or more persons inside of, in front of, or about any premises. Picketers shall not block the access points of any property including the private sidewalk or driveway.
- "Public sidewalk" shall mean that portion of the street right-of-way which is designated for the use of pedestrians and may be paved or unpaved.
- "Street" shall mean the entire width of the public right-of-way, excluding the sidewalk that is open to the use of the public as a street or alley, including the boulevard.
10-06-04 Notice of Intent to Picket or Demonstrate
- An individual intending to picket or demonstrate or the organize of a group intending to pick or demonstrate, where the organizer knows that the picket or demonstrations will include a group of less than 30 individuals, shall provide written notice to the Chief of Police of the picket or demonstration, including the planned time and location of the picket or demonstration.
- The organizer of a picket or demonstration that the organizer knows, or should reasonably know, will include a gourd of 30 or more individuals shall provide written notice of the intent to picket to the Chief of Police at least 48 hours before the picket or demonstration is to begin. The notice shall contain the following information:
- The name, address, and contact telephone number of the organizer of the picket.
- The name of the organization sponsoring the picket.
- The location, date and time, including duration and intended daily hours of the picket.
- The organizer's best estimate of the number of individuals who will participate in the picket.
10-06-05 Picketing Regulations
- Picketing may be conducted on public sidewalks in the City. Picketing may not be conducted on public sidewalks during times when a permit for a different use of that location has been issued by the City. Picketing may not occur on street medians or on streets used primarily for motor vehicle traffic unless so directed by the police. {picketing shall not be allowed on a street if an adjacent public sidewalk is available.
- Picketing shall not disrupt, block, obstruct, or interfere with pedestrian or vehicular traffic of the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance or other access to buildings which abut the public sidewalk.
- Placards, flags, signs, or banners carried by picketers shall be of such a size as to allow safe and unobstructed passage of a pedestrian or vehicular traffic.
- If more than one group of picketers desire to picket at the same time and location, a Police Officer may, without regard to the purpose or content of the picket, assign each group a place to picket in order to reduce congestion and preserve public peace. Picketing time and location shall be generally on a first-to-notify basis.
- Whenever the free passage of any street or public sidewalk in the City is obstructed by a crowd, congregation, meeting, assembly, demonstration, picket, or procession, or the conduct of two or more persons, the persons comprising the group shall disperse or move so as to remove the obstruction when directed to do so by a Police Officer. It is unlawful for any person to refuse to comply with a request by a Police Officer pursuant to this section.
- Picketers shall be subject to all City, State, and Federal laws, rules, and regulations.