Ban on students participating in opposite-sex sports teams passes Mass. House, but state review is needed

Local News

The Republican lawmaker who introduced the ban said that a stipulation about a state analysis was meant to “bury” his amendment.

The Massachusetts House of Representatives approved language this week that would prohibit public schools from allowing student-athletes to play on teams of the opposite sex. However, the ban would not go into effect until the state’s Department of Elementary and Secondary Education reviews the policy and issues a report on its findings. 

The language makes no mention of transgender students, but nonetheless touches on an ongoing national debate about how transgender student-athletes should participate in sports. In the end, the proceedings angered both LGBTQ advocates and the Republican lawmaker who first introduced the proposed ban. 

The provision was introduced by state Rep. John Gaskey, who filed an amendment to a $1.3 billion spending bill that the House passed Wednesday. 

“No public school shall allow a male student athlete to participate on a girls’ sports team nor shall a public school allow a female athlete to participate on a boys sports team,” the amendment reads. 

Schools not in compliance would have to forfeit all games “where an athlete of the opposite sex participated.”

But soon after, state Rep. Ken Gordon filed a further amendment stipulating that a review from DESE would be required. This review would include analysis of “behavioral and physical health impacts,” potential “changes to the well-being” of students, and how other states approach the issue.

“The topic of the amendment is complex, involving issues of federal and state law. It is a matter of concern to residents of the commonwealth who have expressed concern from both sides of the issue,” Gordon, a Bedford Democrat, said. 

Gaskey, a freshman lawmaker from Carver, said on social media afterwards that he was “stymied by cowardly tactics.” He called on supporters to contact DESE officials and included contact information for the department in a Facebook post. 

Gordon’s move was a way to “bury this and make sure that nobody ever gets this on the record,” Gaskey said. 

“Every student athlete will play on the team that they were born to play on. … That’s what this amendment is for. We don’t need a study. The polls support this. The federal government supports this. It’s time that we recognize science,” he added. 

In February, President Donald Trump signed an executive order barring transgender women and girls from competing in female sports. The federal government later accused Maine officials of violating antidiscrimination laws by allowing transgender athletes to participate in girls’ sports. The state is at risk of losing federal funding over the issue. Maine Attorney General Aaron Frey sued the Trump administration to try to stop the freeze, arguing that it is illegally withholding crucial funding. 

In Massachusetts, the likelihood of Gaskey’s ban actually being enacted appears slim. Gov. Maura Healey, who made history when she became the nation’s first openly lesbian governor, is an outspoken proponent of LGBTQ rights. When Rep. Seth Moulton voiced concerns about transgender athletes in the wake of Trump’s recent electoral victory, Healey accused him of “playing politics with people.” More recently, Healey said that Republicans are using the issue to distract from the fact that Trump is not following through on his campaign promises. 

Still, advocates worry that advancing an amendment like this further empowers attacks on transgender people. 

“Even, here in Massachusetts, we aren’t free of the attacks and disinformation campaigns. Transgender young people aren’t the dangerous ones. The dangerous ones are the hateful people who would weaponize their existence,” MassEquality, a prominent LGBTQ advocacy group, said on social media.