Republican senators propose amendment to keep state bans on trans women athletes intact

Senators Josh Hawley, Jim Banks and Tommy Tuberville introduced an amendment to the Protect College Sports Act that would prevent the bill from overriding state laws prohibiting biological males from competing in women’s sports.

On Thursday, Senators Josh Hawley, Jim Banks and Tommy Tuberville filed a proposal to amend the Protect College Sports Act so that it would not supersede state or local laws that forbid biological men from participating in women’s athletics. They contend the bill as written could nullify statutes in Missouri, Indiana and other states that already restrict such participation. The amendment’s language specifically protects any rule that “prohibits biological men from playing in women’s sports.”

While the amendment tackles the preemption issue, it leaves untouched broader criticisms that the act might also insulate the NCAA from Title IX liability. The Independent Council on Women’s Sports has warned that the bill’s exemptions could shield the NCAA from lawsuits brought by athletes like Riley Gaines and Brooke Slusser. Proponents of the legislation, including Senator Maria Cantwell, argue that a national law is essential to stabilize college athletics, safeguard NIL compensation, and ensure consistent scholarship and health benefits. The amendment’s fate will influence whether the bill can garner enough Republican support to move forward.