Oklahoma public schools have begun requiring students from kindergarten through college to fill out “biological sex affidavits” if they want to compete in school athletics, according to a state law that went into effect earlier this year.
Oklahoma Gov. Kevin Stitt signed legislation in March banning transgender athletes in public elementary, middle school, high school and colleges from competing on sports teams of their gender identity, as opposed to their birth-assigned gender.
A photo of an affidavit required by Woodall Public Schools went viral on Wednesday after Erin Matson, executive director of abortion rights group Reproaction, shared it on Twitter.
“This has nothing to do with encouraging girls to be athletes,” Matson wrote. “This is totalitarianism. It is the white nationalist agenda. The anti-LGBTQ agenda. The anti-abortion agenda. It’s all the same agenda.”
The document that is part of Woodall Public Schools Athletic Policy 2022-2023requires a parent or guardian to certify their child’s gender assigned at birth and have it notarized.
The address on the affidavit is Woodall Elementary School in Tahlequah, Oklahoma, about an hour southeast of Tulsa.
Woodall Public Schools Superintendent Ginger Knight confirmed via email that state law requires the district to have students fill out the form if they wish to compete in athletics, but Knight had no further comment.
After the governor signed the invoice in March, Oklahoma became the 13th state nationwide to pass such legislation. Meanwhile, 18 states have enacted similar measures.
Almost all of these states name athletic teams by sex assigned at birth, as specified on the student’s birth certificate issued at or about the time of his or her birth.
Oklahoma is the only state to date that requires an affidavit to prove a student’s assigned gender. If a student is under the age of 18, the affidavit may be completed by a legal guardian or parent. From the age of 18, the affidavit must be signed by yourself. The law requires that a new affidavit be made before each school year.
Two other states may require an affidavit or affidavits in some cases.
in the KentuckyFor example, a student’s assigned gender may be determined by their “original, unedited birth certificate” or by an affidavit “signed and affidavited by a physician, physician assistant, nurse practitioner, or chiropractor under penalty of perjury.”
Under Idaho‘s Law, which a judge blocked in August 2020, allows a student’s gender to be disputed. In this case, the school may require that the student submit a form from their health care provider to “verify the student’s biological sex…as part of a routine athletic physical exam based on only one (1) or more of the following.” : the student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone level.
Proponents of bans on trans athletes argue they help ensure fairness for cisgender female athletes, while advocates of LGBTQ rights say the measures violate trans people’s civil rights.
Some LGBTQ people on Twitter condemned the Woodall Public Schools affidavits.
“With a notary requirement – not ONLY is it incredibly transphobic, it will result in children of lower socioeconomic status not participating,” one person said wrote.
Another person wrote that requiring “certified affidavits certifying the genital makeup of individual elementary school students is a disgusting invasion of privacy and predatory and discriminatory.”
The Department of Education issued guidance last year saying it will interpret Title IX, a federal law protecting students from sex discrimination in state-funded schools, to protect LGBTQ students from discrimination.
At the time, Education Secretary Miguel Cardona told ESPN he understood concerns about fairness in sport, “but we have a responsibility to protect students’ civil rights and if we feel civil rights are being violated, we will act. ”
The Biden administration’s Title IX policy is on hold after a federal judge in Tennessee blocked it earlier this month, ruling that it would make it impossible for some states to enforce their own laws on transgender athlete participation and restroom use .
Jay Valle and Zachary Schermele contributed.
https://www.nbcnews.com/nbc-out/out-politics-and-policy/oklahoma-schools-now-require-biological-sex-affidavit-student-athletes-rcna40705 Schools in Oklahoma now require a “biological sex affidavit” for athletes