Transgender athlete ban passes House with definitions of ‘male,’ ‘female’

In an attempt to prevent invasive examinations to determine if an athlete is a woman or not, Rep. Jarvis tried and failed to amend the bill.

CHEYENNE — A bill to ban transgender athletes from participating in intercollegiate sports passed the House of Representatives on Tuesday, the last day for third reading of bills in the second chamber.

Senate File 44, “Fairness in sports-intercollegiate athletics,” was amended in the House during committee of the whole debate to include definitions of “male” and “female,” which lawmakers have added to other bills this session, starting with House Bill 32, “What is a Woman Act.” That bill also passed on third reading with no discussion in the Senate on a 28-3 vote.

Several pieces of legislation would add definitions for a person’s sex at birth to state statute, stating that “female” means a person who “has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization.” “Male” is defined as “a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization.”

Rep. Julie Jarvis, R-Casper, brought a failed third-reading amendment Tuesday to SF 44 to remove those definitions, and to instead rely on a person’s “official original” birth certificate to determine “biological sex.” Jarvis said that in speaking to attorneys and medical providers, she was told the definitions are “vague enough” that courts will have to decide who will make determinations on a case-by-case basis.

Jarvis continued that the medical providers she spoke with told her there is no non-invasive procedure for such a determination.

“That is an internal [pelvic] examination,” Jarvis said. “It is bimanual, or it is a transvaginal ultrasound.”

By relying on an “official original” birth certificate instead, which can be obtained by subpoena, invasive medical procedures could be avoided, she said.

“Even though we’ve used this definition on several other things, maybe we back out when we find a better definition … that is not requiring a bimanual examination or a transvaginal ultrasound in order to determine if you are a woman or not,” Jarvis said.

Rep. Martha Lawley, R-Worland, said she “strongly opposed” the amendment to remove definitions from SF 44. She was a driving force behind adding those definitions to Senate File 62, “Sex-designated facilities and public schools,” which requires public school children to use restrooms that align with their sex at birth, while providing “reasonable accommodations” for single-use bathrooms, if necessary.

“We have overwhelmingly approved these definitions in all the bills that we’ve passed in the area of gender issues,” Lawley said. “That was intentional. It is really important that Wyoming speak with clarity and consistency into this space.”

Further, she said the definitions of “female” and “male” had been vetted in committee and should not be changed on third reading.

Jarvis’s amendment to SF 44 failed in a voice vote, and the bill passed on third reading in a 52-8 vote. The bill has been sent back to the Senate for a concurrence vote. If it fails, it could be sent to a joint conference committee to work out the differences.

This story was published on March 5, 2025.