The Texas University Interscholastic League’s constitution requires that student-athletes compete according to the gender on their birth certificate. In February, a 17-year-old transgender male was required to wrestle against females, despite his preference to compete in the boys’ league. He went on to win the Class 6A 110-pound girls’state championship in Texas high school wrestling to both criticism and support.

In a 21-10 vote, the Texas Senate has approved the controversial SB6, commonly known as the “bathroom bill.”

SB6 would not only require that all Texans use the bathroom matching the sex on their birth certificates in public schools and government buildings, it also would prohibit local governments from enacting anti-discrimination ordinances on the same issue.

This move comes on the heels of President Donald Trump’s decision to reverse the Obama Administration’s May 2016 guidance providing that Title IX protects the right of transgender students in public schools to use bathrooms and locker rooms corresponding with their gender identity.

If SB6 becomes law, Texas may be faced with opposition similar to that seen in North Carolina after that state’s controversial HB2 “bathroom bill” was passed into law in 2016.

The NBA, ACC, and NCAA have moved several lucrative events out of North Carolina, and this trend may continue as the North Carolina Sports Association has reported that the NCAA has threatened to pull the state’s bids for all major events through 2022. This could result in severe financial losses for the state.

The NFL and NBA have warned that Texas may be jeopardizing its chances at hosting future events should SB6 become law. Since 2004, Texas hosted three NBA All-Star Games and three Super Bowls – including Super Bowl LI played at Houston’s NRG Stadium between the New England Patriots and the Atlanta Falcons. While the NFL’s stance does not affect the state’s chances of hosting a Super Bowl in the near future since sites have been selected through 2021, none of which are in Texas, the same cannot be said for Texas landing the 2020 or 2021 NBA All-Star Games for which Houston has been considered a frontrunner.

Sports leagues have come down hard on North Carolina for passing its “bathroom bill.” Texas may expect the same treatment if SB6 is passed.

 

 

 

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Lin J. Wagner Lin J. Wagner

Lin Wagner is an attorney in the Orlando, Florida, office of Jackson Lewis P.C. Lin counsels employers in proactive employee management and defends businesses against a diverse range of employment claims. Her goal is to help employers minimize risk and avoid litigation so…

Lin Wagner is an attorney in the Orlando, Florida, office of Jackson Lewis P.C. Lin counsels employers in proactive employee management and defends businesses against a diverse range of employment claims. Her goal is to help employers minimize risk and avoid litigation so their businesses continue to thrive and healthy employer-employee relationships are encouraged and maintained.

Lin advises national, regional and local clients across multiple industries with a focus on hospitality, healthcare and construction. She provides advice and counsel to clients, and represents employers in every aspect of employment law including, but not limited to, complex litigations, arbitrations, and administrative proceedings.

Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.