South Carolina is distinguishing girls from boys. Republican Governor Henry McMaster signed H4608 Tuesday, and it's not the kind of law that will suit transgender swimmer Lia Thomas. In the Save Women's Sports Act, any sports or teams of athletes specifically designated for males (men or boys) must not be accessible to players of the female sex in the event that no team for females playing that sport is provided at the school where the student attends. And sports teams or athletics that are specifically designed for females (women or girls) will not be accessible to players of the male sex.
The law is applicable to “sports that are sponsored by a public elementary or secondary school or public postsecondary institution,” which have to be provided for males only, females exclusively, or both. Private schools aren't completely exempt from this. A private school or institution that sponsors a team of athletes or a sport where its players or teams compete against a public school or institution must also follow this section for the relevant team or sport.
The law seeks out the people who are impacted by infractions: Students who are denied an opportunity to play sports or suffer any indirect or direct injury as a result of an infraction of this provision could initiate a cause of action against the postsecondary school or establishment. A postsecondary or school that suffers indirect or direct harm because of an infraction of this section can initiate an action against the government entity, licensing or accrediting agency, or athletic association or group, as per the subsection.
Also protected are those who have reported violations of the rules. A student who may be subject to punishment or other adverse actions by a postsecondary school, institution, athletic organization, or association for not reporting a violation of this section to the representative or an employee of the institution, school, athletic association, organization, or any federal or state agency that has supervision of postsecondary schools or institutions in this state can initiate an action against the postsecondary school, institution, athletic association, or organization.
South Carolina follows 15 other states in allowing biologically based sports. In many ways, the nation appears to be moving simultaneously in opposing directions. While some states are maintaining the distinction between women and men, the dissenting groups and their preferred institutions are growing.
For example: “In the Military: LGBTQ Soldiers May Be Allowed to Transfer from States Which Don't Confirm Their Identities,” “Iconic Christian University Asks Students to Choose from Nine Gender Identities,” “Washington State Orders Teachers to Distract the Gender Shift of Kindergarteners Away from Their Parents,” “Biden Launches Gender ‘X’ Passports: You'll Be Able to Travel as Neither a Man Nor a Woman,” “University's Event Promoting Transgender ‘Littles Kids' Claims that Children ‘Know What Feels Good for Them',” “Transgendered Contestant Is the Game Show's Most Iconic Winner.”
Society is becoming more complex. There was no concept of “gender identity” in general in the past. People did not think: “I'm a boy” or “I'm a girl.” Instead, they just…walked around. With the addition of an additional layer of identity, what can we do to get it all sorted out? The 16 states seem to be leaning towards the past–when sexuality was certain and self-perception was no one's responsibility but the individual's. What is our future with our growing chasm? Only time will tell. However, it seems that the country might take the split method of having separate legislatures instead of a political co-ed type of nation. We may end up being irreparably split into Red America and Blue America.
