SPRINGFIELD, Ill. – Republicans in the Illinois State Senate are asking the Department of Justice to weigh in on the controversial topic of transgender athletes.
The group of 19 State Senators signed a letter issued to Attorney General Pam Bondi on Tuesday. The letter is in response to the Illinois High School Association’s assessment of a Trump executive order relating to Title IX and transgender athletes, and how it meshes with state human rights laws.
The letter asks Bondi for clarification on three specific questions; whether the position taken by the Illinois Attorney General and Illinois Department of Human Rights violate federal law, does their position place Illinois at risk of litigation by the Department of Justice or put federal education funding at risk, and what steps Illinois can take to be compliant with federal law.
The Republican lawmakers are insisting the IHSA comply with the order, to bar transgender women from competing in female-only competitions. The IHSA last week told lawmakers that complying with the executive order could make it violate the Illinois Human Rights Act, which requires transgender athletes participate in events and programs that align with the gender that they identify with.
“We do need to clear this up,” said State Sen. Li Arenallo (R-Dixon), one of senators who signed the letter. “Those of us that are trying to protect the sports spaces for biological women, we understand that’s a conversation that needs to continue.”
Arenallo says the decision initially disappointed him, but he understands that the IHSA is in a “rock and a hard place” regarding the issue. But Arenallo adds the organization has spoken out on the topic before.
Arenallo says there are concerns with how Illinois’ interpretation of the law affects the state’s compliance with Title IX. He says the federal government is also very clear in its interpretation with Title IX in that it applies to biological sex.
In addition, Arenallo says there are financial concerns with the issue, with the state spending millions in legal fees to fight battles and lawsuits with the federal government.
Proponents of allowing transgender athletes to compete in competitions that align with their gender identity argue that very few people would be affected by barring them from female-only events. Arenallo says that shouldn’t stop discussions from occurring, saying that it’s better to handle the issue now before it becomes widespread and more people are affected.
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