Legislature overrides gubernatorial veto

Trans student athlete bill will become law without governor’s signature

From the beginning, a four-page bill to ban transgender girls from participating in K-12 girls sports teams in Indiana schools proved controversial, even prompting the threat of a lawsuit from the American Civil Liberties Union.

After initially signaling his support of the bill earlier this year, Governor Eric Holcomb ultimately vetoed the bill, saying the legislation presumed a lack of fairness already existed in school sports and that the supposed problem wasn’t being dealt with accordingly.

“After thorough review, I find no evidence to support either claim even if I support the overall goal,” Holcomb wrote in his veto message.

House Speaker Todd Huston (R-Fishers) quickly responded that Republicans would work to override the governor’s veto when it reconvened at a special one-day session on Tuesday, May 24.

On Tuesday, the GOP did just that.

The override votes were nearly along party lines, with a 32-15 vote in the Senate and a 67-28 vote in the House. Four GOP senators joined all Democratic senators in voting to uphold the veto. In the House, three Republicans voted to sustain the veto, while one Democrat supported overriding it.

  • Click here to see the roll call report of the vote in the House.
  • Click here to see the roll call report of the vote in the Senate.

State Reps. Chris Jeter & Tony Cook: Overriding veto will protect girls sports

State Reps. Tony Cook (R-Cicero) and Chris Jeter (R-Fishers) on Tuesday joined the majority of Indiana’s lawmakers in successfully overriding the governor’s veto of legislation protecting the integrity of girls’ sports.

House and Senate legislators voted on Tuesday at the Statehouse to override the governor’s veto of House Enrolled Act 1041, which prohibits biological males from competing in K-12 girls’ sports in Indiana.

Jeter, who co-authored the bill, said the vote came as part of technical corrections day, where lawmakers can take up any vetoes and fix technical errors in laws passed during the prior session.

Jeter

“My young daughters, and all Hoosier girls, deserve a fair and level playing field in sports,” Jeter said. “I strongly believe this is a much-needed step to protect female athletes and their opportunities to compete, earn spots on teams and obtain scholarships.”

Indiana will join at least 16 other states that have similar laws on the books supporters say will protect female sports. Jeter said concerned parents reached out after an increasing number of biological males have dominated the national spotlight in girls athletic events across the nation.

There are certain biological differences that give males an unfair advantage over females in sports, like greater muscle mass, bone density and cardio capacity. Cook said the vote Tuesday was especially important as June marks the 50th anniversary of Title IX, which ensures women have an equal opportunity to play and compete in sports.

Cook

“Nearly 50 years ago, we federally passed Title IX to give women the right to equal opportunity in sports. Now, we’re seeing those rights are being threatened across the country,” Cook said. “This override indicates that Indiana stands with our female athletes, and this new law will protect their athletic opportunities now and in the future.”

In Indiana, a gubernatorial veto can be overridden with a constitutional majority vote in both chambers, and the bill becomes a law without the governor’s signature.

The law will take effect on July 1, 2022.


Legal organization defends legislature’s veto override

Following the legislature’s Tuesday override of Governor Holcomb’s veto of House Enrolled Act 1041, Alliance Defending Freedom Senior Counsel Christiana Kiefer released the following statement:

“Women and girls deserve to compete on a level playing field. We are grateful to the Indiana Legislature for responding to the nationwide threat to fairness in women’s sports by overriding Gov. Holcomb’s misguided veto of HB 1041. While more work must be done to protect Indiana’s female athletes in college, overriding this veto is an important step towards ensuring fairness in women’s sports. Indiana now joins a growing coalition of states that have acted to preserve fair competition for female athletes, ensuring Indiana’s girls will not face the losses that come with allowing males to compete in women’s sports. We commend the Indiana legislators who took a stand for female athletes by overriding this veto, and we are hopeful they will act quickly to extend these protections to collegiate athletes, especially since the NCAA has failed in its duty to preserve fair and equal opportunity for women.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.