A Trans-Formative Override
Transgender athlete policy turns Utah’s political & economic fallout into a spectator sport
A policy seesaw pitting the Governor’s Office against the Utah Legislature over as few as four transgender teens inked national headlines, prompted emotional rallies, put courts on alert, and rattled stakeholders, who suddenly wonder if the showdown could gum up the Silicon Slopes and cost the Beehive State its 2023 March Madness, NBA All-Star Game and perhaps the Olympics in 2030.
By end-of-session surprises, the HB11 transgender athlete ban, subsequent veto, and steamrolling override feels next level. A week of internecine Republican warfare, fueled by Twitter broadsides, has whipsawed public attention, divided GOP delegates, and further bruised relations between Capitol Hill and Utah’s LGBTQ community, at once disgusted and hurt.
For self-described pragmatist Mike Winder, the whole affair was an unforced error.
“There is no emergency here,” said Winder, R-West Valley City, one of two House Republicans to oppose the veto override. “We could have easily tapped the brakes and waited for lawsuits in other states to play out and come back with better legislation in the next session.”
Instead, the measure barring transgender girls from competing in high school girls sports passed the House on a 56-18-1 count. That’s an increase of 10 votes from the final night’s vote on the HB11 Senate amendment, which did not constitute the two-thirds majority needed to override. The override passed the Senate 21-8 during a Special Session on Friday.
“It’s not that they want to stick it to the trans community at all,” said Rep. Timothy Hawkes, R-Centerville, the outgoing chair of the powerful House Rules Committee. “They just don’t see it as fundamentally fair.”
Exec vs Leg Branch — the Utah Way
The temperature on transgender participation debate spiked once Gov. Spencer Cox hit send on a letter to legislative leadership last week following the veto he’d promised on the final day of the 2022 legislative session. Filled with straight talk and statistics about how a majority of transgender children have attempted suicide or reported suicidality, the letter was a raw, emotional plea to extend compassion and kindness.
The bill was targeting just four trans kids in Utah, Cox noted, only one playing girls sports. “Rarely has so much fear and anger been directed at so few,” he wrote. “I don’t understand what they are going through or why they feel the way they do. But I want them to live.”
Cox warned that HB11 would invite certain litigation that could financially cripple school districts and the Utah High School Activities Association.
“I hope you can agree that if we want to protect women’s sports, bankrupting the institution that is responsible for their participation is a bad place to start,” Cox wrote.
Senate President Stuart Adams, R-Layton and House Speaker Brad Wilson, R-Kaysville argued in response that the measure is simply intended to maintain a level playing field for girls athletics, as envisioned by Title IX.
“We care deeply for all students, but we can not ignore the scientific facts that biological boys are built differently than girls,” Adams said in a statement.
Three days after the veto, the override vote occurred inside the Capitol, while advocates on both sides rallied outside. It marked a new level of brinksmanship between the current legislative and executive branches, which have previously been pretty cozy.
For Quin Monson, political scientist at Brigham Young University, the question remains why Republican lawmakers would blindside the Republican governor with the transgender bill in the 11th hour?
“If I were in the governor’s shoes, I would feel a little bit put out or annoyed by the leadership,” Monson said. “One of the lessons of public relations is you don’t want to be surprised by your friends.”
At the same time, Monson is struck by how “calm” both the governor and leadership have remained.
“He’s saving whatever ire he has, if he has any, to express to the legislative leadership in private,” he added. “They’ve gone about the process without a lot of acrimony toward each other, which is quite remarkable.”
Hawkes, the House rules chair, said the process worked the way it was designed.
“Anytime a vote is close to a constitutional majority, you’re almost certain to consider an override,” he said. “In this case, it didn’t help that Lia Thomas won a national championship in the 500 meter. That changed the conversation.”
Thomas is a transgender swimmer at the University of Pennsylvania, whose women’s 500-yard NCAA title less than a week before the governor’s veto, further polarized the debate over transgender participation in athletics.
“That became a very emotionally charged event, particularly with delegates right before the county elections,” explained Winder, who says the mood of constituents from the end of the session March 4 to now changed because of the transgender swimmer’s win.
Even so, Winder would not budge from his “no” vote, saying he is not a fan of message bills. “I’ve had a couple constituents question my vote but I have had many more thank me,” Winder said.
Monson does not see any political ramifications for Cox, noting the governor’s concern for trans kids seems genuine. “There’s nothing he can do to bring those voters to his side and he doesn’t need them.”
Cox is the second Republican governor after Indiana’s Eric Holcomb to veto legislation that bans trans youth from participating in high school sports, making them outliers as 11 Republican governors have signed similar bills into law in recent years.
In his letter, Cox concedes that while he struggles to understand the issue and says the science is conflicting, he errs on the side of mercy.
As he wrestles with the transgender athletics question internally, Cox has been wise not to attack GOP lawmakers publicly, Monson says.
“The last thing he wants to do is keep this in the news, keep this in the headlines,” Monson added. “My sense is he will make efforts to resolve this.”
Early Spring Firestorm
If the gloves have stayed on inside Capitol corridors, knuckles have been brandished outside — at least in 280-character bursts.
“I’m so proud of Governor Cox for so eloquently and passionately defending transgender youth,” Equality Utah Executive Director Troy Williams posted. “Today, craven lawmakers acted out of fear of their rabid base. This was never about protecting women’s sports. It was all to preserve their political careers.”
Williams praised the trans community for their strength and resilience, arguing they are growing in visibility and power. The loss, he insists, is only temporary.
“Our Utah Legislature never learns from history. In the 90s they banned gay-straight clubs. Now, they are in every school,” Williams tweeted. “In 2004, they banned gay marriage, and marriage equality is now the law of the land. Today, they banned transgender children who want to play sports, but these kids will rise triumphant.”
Salt Lake City Mayor Erin Mendenhall was equally vocal about the bill, saying it “will tragically and unnecessarily add” to the statistics of mental-health risks including suicide among transgender youth. “This special session is mean-spirited and should be beneath the dignity of our state,” the mayor tweeted.
Despite the criticism, Senate President Adams said he hoped Utah would move forward from the trans-athlete bill. “I just don’t think it’s very considerate or kind to keep bringing this issue up because it is divisive,” Adams said.
Even Hells Backbone Grill, the beloved eatery in Boulder recently recognized as one of the top restaurants in the U.S., got into the fray. “Hell’s Backbone Grill stands with the transgender community,” the restaurant tweeted. “The Utah legislation is so disturbingly in the wrong.”
The Math Behind Veto Override Mechanics
Nearly every legislative session, there is consideration or discussion about a veto override, according to Hawkes, the House rules chair.
“Anything in the mid to high 40s, I think you’re going to see the possibility of an override,” he said. “Every session it feels possible.”
The so-called “people’s house” is considered the closest to the pulse of voters and Hawkes argues the body best reflects where public sentiment stands. The veto override of HB11, he says, should not be considered a surprise.
“There’s a lot of sensitivity to the transgender kids,” Hawkes said, “but they don’t want the fairness to come at the expense of women and girls.”
Hawkes prefers robust public process and doesn’t like rushed legislation that often skips the scrutiny of a House committee hearing. Yet he insists the transgender athlete bill is thoroughly understood after being debated by lawmakers in different versions for the past two years.
Winder too says there should have been more public process, especially since he predicts this issue will end up in court. At the same time, he was not surprised by the swollen vote totals during the override, particularly given the Lia Thompson controversy.
“People tend to jump on the winning train, so I wasn’t too surprised,” Winder said.
When the original vote occurred March 4 — well shy of the two-thirds veto-proof majority — some speculated HB11 was doomed. It turned out there were enough persuadable Republicans — especially the ones looking over their shoulders at conservative opponents.
Hawkes says the process works almost like a straw poll. Leadership takes the temperature of its GOP membership to see if support is eroding or increasing for a given bill. Fence-riders get a visit and potential votes get tallied. A veto override will never get called, Hawkes says, unless leadership has the numbers or is very close.
On Friday the count jumped from the mid-40s to 56 in the House.
During his eight-year House tenure, Hawkes recalls three or four overrides. Given the volume of legislation, it’s a pretty paltry number.
“It feels like par for the course in the state of Utah, which is functionally a one-party state,” Monson, the BYU political scientist says. Political disputes typically occur between factions of Republicans, he adds, and the transgender bill was no different.
“The major election in this state is in June, not November,” Monson said.
A Beehive Bon Voyage
Utah Jazz fans might be rightly riled up about the potential loss of next February’s NBA All-Star Game, should the NBA follow precedent after stripping Charlotte of the celebrity game following anti-LGBTQ legislation, known as the bathroom bill.
But on Monday, a bigger bomb dropped. That’s when U.S. Olympic and Paralympic Committee leaders warned the new HB11 law is causing concerns.
“We are worried about legislation that takes a very kind of black-and-white-view of either people can participate or not participate,” USOPC Chairwoman Susanne Lyons told reporters during a conference call.
The legislation is set to take effect July 1 following Friday’s override. Meantime, Utah Olympic officials are actively pursuing the process of winning the Winter Games nod for 2030.
Utah’s bid for the Games is still being backed by the USOPC, but the transgender athlete ban causes unsettling noise.
Meantime, the NBA has remained noncommittal about its existing plan for Salt Lake City to host the 2023 All-Star Game. League officials say they are monitoring the situation following the override but have not said anything definitive.
Salt Lake is also slated to host 2023 NCAA Men’s Basketball Regionals, as Utah is a regular on the March Madness circuit. The status of those games, post-HB11 is also unknown.
Yet it didn’t take Utah Jazz and Real Salt Lake owner Ryan Smith long to come up with a response.
“Never let a problem to be solved become more important than a person to be loved,” Smith tweeted in reaction to the veto letter by Gov. Cox. “We need to love these kids. This bill was rushed, flawed, and won’t hold up over time. I’m hopeful we can find a better way. Regardless, to all in the LGBTQ+ community, you’re safe with us.”
Real Salt Lake also issued a statement saying they are opposed to legislating discrimination.
Outdoor recreation groups have already signaled a willingness to boycott Utah, triggering a potential hit on the state’s vital tourism and outdoor recreation industries.
But Hawkes is not convinced Utah is facing any kind of economic crisis following the override.
“The Outdoor Retailers who left for quote-unquote political reasons, just came running back,” Hawkes said about the industry group’s announcement to relocate its annual operation from Colorado to Utah.
“We’re certainly not having a hard time attracting people to our state,” Hawkes continued. “We have the opposite problem right now, which is everybody wants to be here.”
With Utah’s soaring economy, Hawkes maintains the state’s politics won’t be a deterrent. And the same goes for other red states, he says. “As a matter of fact, we’re just going to see momentum for more measures that protect women sports.”
Perhaps. But the lineup of business leaders opposed to legislation like HB11 is beginning to cast a Wasatch Front-sized shadow.
“Visit Salt Lake has significant concerns about the potential for business loss due to actions taken by the Utah State Legislature,” a statement reads. “Visit Salt Lake has been in the business of hosting a wide variety of conferences, shows and events. The economic impact of a bill like this could be up to and even over $50 million.”
Freedom for All Americans, which opposes anti-LGBTQ state legislation compiled a list of behemoth U.S. corporations opposed to state laws targeting transgender people. The list includes Google, AT&T, Amazon, IKEA, Microsoft, Uber, Hilton and more.
And Utah Tech Leads tweeted that most Silicon Slopes companies spend resources for inclusive work environments because that’s what good businesses do. They’ve launched a campaign to rally Utah companies to oppose HB11.
“We especially embrace our LGBTQ+ communities, workforce, customers, and their families,” a statement on Twitter reads. “Supporting them means allowing them to be their authentic selves and is important to our company values.”
Monson says the stance of key industries following the override puts the governor in a position of leverage.
“If they leave the state as a result of law, that provides Gov. Cox with a considerable amount of political cover,” he said. “There are plenty of GOP primary voters who are very conservative. But they don’t see the need for the state to be the test case for everything.”
Once Lia Thompson finished first in the 500-meter race, Republican lawmakers tossed Utah into a deepening pool of transgender-athlete policy litigation. But to hear them say it, the notion that they’ve put the state at risk doesn’t hold water.
Thank you for covering some of the info in your article, Derek.
I think a valuable point is being missed. No one is trying to say that biological males cannot play sports….they can. They can play on teams matching their birth certificates, coed teams, or they can form their own leagues.
It’s about keeping Title IX true. Equal opportunity for girls and women in sports. If a biological male plays on a girls or woman’s team, it is not equal for this individual either….it is unequally advantageous. Just as it was for Lia Thompson.
All people should be respected and treated kindly, whether or not agreeing with each other is possible!
In light of the above listed goal, it is counterproductive to allow a biological male to compete on a girls’ team making a biological female loose her spot and equal opportunity at her desired sport. The end result is to create a quiet (or not so quiet) deep resentment. This does NOT help encourage respect and kindness.
Another thing that works directly against respect and kindest for individuals is to say that anyone who disagrees with someone else’s choice is immediately and ALWAYS the bad guy! By putting a “social kibosh” on Freedom of Speech only encourages “taking sides,” and individual respect is lost in the collateral damage. We need to encourage people to kindly and respectfully disagree with each other. This needs to start sooner rather than later.
Finally, protecting women and girls’ rights is never the wrong choice. Women (XX chromosomes) and girls bring so much grace, love, kindness, and compassion to a society. History shows that the cultures that viewed women as subhuman suffered the greatest on all levels. To protect women and their rights is to celebrate women and to bring out the best in a society!