Wisconsin lawmakers are considering two bills, Assembly Bill 100 (AB 100) and Assembly Bill 102 (AB 102), that would require schools and universities to categorize sports teams based on biological sex. Supporters argue that the legislation is necessary to ensure fairness in women’s athletics, while opponents claim the measures are discriminatory.
The proposed bills would apply to K-12 schools (AB 100), technical colleges, and universities (AB 102) in Wisconsin, requiring athletic teams to be designated for either male or female athletes based on the sex listed on a student’s birth certificate. If passed, the legislation would prevent transgender women—individuals assigned male at birth who identify as female—from participating in women’s sports or using female-designated locker rooms.
Supporters Cite Fairness and Safety Concerns
Proponents of the bills argue that allowing transgender women to compete in female categories creates an unfair advantage due to biological differences between male and female athletes. They reference Title IX, the federal law passed in 1972 to ensure equal opportunities for women in education and sports, as a foundation for protecting female-only athletic spaces.
A New York Times poll found that 79% of Americans, including 67% of Democrats, believe athletes should compete based on their biological sex. Lawmakers backing the bills cite this as evidence of public support for their efforts.
Some supporters also express concerns regarding locker room privacy and safety. They reference incidents such as one at Sun Prairie High School in March 2023, where a transgender student reportedly disrobed in a girls’ locker room. Proponents argue that requiring biological males and females to share locker rooms could increase discomfort for young athletes, particularly survivors of sexual assault.
Opposition and Concerns Over Discrimination
Opponents of AB 100 and AB 102 argue that the bills unfairly target transgender students and could violate civil rights protections. Advocacy groups, including LGBTQ+ organizations, contend that transgender athletes deserve the same opportunities to compete as their peers and that their participation does not significantly impact competitive balance.
Critics also claim that cases of transgender athletes competing in female sports are relatively rare, making the legislation unnecessary. They argue that existing policies by sports governing bodies, such as the NCAA and Wisconsin Interscholastic Athletic Association (WIAA), already include regulations for transgender participation.
Legal experts suggest that, if passed, the legislation could face court challenges similar to those seen in other states that have enacted similar laws. Opponents warn that enforcing such policies could lead to discrimination lawsuits and impact federal funding for Wisconsin schools.
What’s Next?
The bills are currently under review by the Assembly Committee on Education, where lawmakers are hearing testimony from supporters and opponents. If approved, the legislation would move to the full Wisconsin State Assembly for a vote before heading to the Senate.
Governor Tony Evers, a Democrat, has previously vetoed similar legislation and is expected to oppose AB 100 and AB 102 if they reach his desk.