OKLAHOMA CITY — The state Senate on Thursday advanced measures putting restrictions on individuals who identify as nonbinary or transgender.
Senate Bill 2, by Sen. Micheal Bergstrom, R-Adair, would prohibit a person who is born biologically male from participating in female sports as a transgendered individual.
The measure passed by a vote of 37-7 and now goes to Gov. Kevin Stitt for consideration.
Sen. Julie Daniels, R-Bartlesville, carried the bill on the floor for Bergstrom. Daniels said it would protect female athletes and ensures they have opportunities in sports.
“Male and female is a biological reality,” Daniels said. “Men have physical advantages over women. This is not something I need to explain. It is something known to everyone.”
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Daniels said the measure would apply to common and higher education.
Daniels said she could not say if people born male are currently participating in female sports in Oklahoma.
Sen. Jo Anna Dossett, D-Tulsa, questioned why lawmakers were passing legislation when they didn’t know if a problem existed.
Sen. Julia Kirt, D-Oklahoma City, said the measure hurts children who want to play sports and be with their friends.
“Transgender people are people first and foremost and deserve to be treated with dignity and respect,” Kirt said.
Bergstrom said the state wants to protect young women from losing out on educational scholarships.
“We want to do away with a situation where young women say why do I even want to bother to compete in this because I will lose to a guy who wants to identify as a female,” Bergstrom said.
The chamber also advanced Senate Bill 1100, by Bergstrom, by a vote of 38-7. The measure heads to the House for consideration.
The measure would prohibit the designation of nonbinary gender markers on Oklahoma birth certificates.
The measure comes after the Oklahoma State Department of Health entered a settlement agreement in a federal lawsuit and then issued a person a nonbinary birth certificate.
The measure requires sex to be listed as male or female.
Nonbinary individuals do not identify specifically as male or female. They do not feel that male or female is their clear gender identity.
Following the court settlement, Gov. Kevin Stitt issued an executive order that sought to bar the Oklahoma State Department of Health from issuing birth certificates with nonbinary gender markers.
Following that action, three Tulsa-area residents filed a federal lawsuit saying the birth certificate policy discriminates on the basis of transgender status.
Senators did not debate the measure.
“This measure is a direct response to our state’s health department adding nonbinary as an option on birth certificates,” Bergstrom said in a press release after the vote. “Like the vast majority of Oklahomans, I found this move to be a slap in the face of science. Has our society sunk so low that it is seriously an argument if someone is a boy or a girl? Biological sex is very clear, and our vital state records must reflect this.”
The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual, transgender and queer civil rights organization, condemned the passage of the measures.
Cathryn Oakley, the group’s state legislative director and senior counsel, said the measures were passed to “score political points with extreme elements within their party.”
Video: Senate passes bill on transgender youth in sports.
Sen. Julie Daniels, R-Bartlesville, explains legislators want to protect athletes born female from having unfair competition.
Video: Senate passes bill restricting nonbinary birth certificates.
Senators discussed the potential for litigation in response to the measure inspired by Gov. Kevin Stitt's executive order.
