Thread by @ACLUofKY

LIVE NOW: We're in the House Education Committee where lawmakers are considering another bill to ban trans athletes from schools sports and a bill to ban universal mask requirements at schools and colleges/universities. Watch at ket.org. #KYGA22 #HB23 #HB51

#HB51 would prohibit schools, colleges, & universities from requiring universal masking. Banning safe, simple, and effective precautions would limit equal access to education for some students w/ disabilities. Similar bans are been blocked in other states. aclu-ky.org/en/news/unmask…

#HB23 would build on #SB83 by banning trans children students from sports at schools AND at colleges and universities. These bans are discrimination, plain and simple. These are also blocked in court in other states. #KYGA22 ACLU-KY.org/Sports

The committee is considering the constitutionality of a well-intentioned school bus safety bill. Meanwhile, the other bills up for consideration, #HB23 and #HB51, are currently blocked in federal courts in other states – yet there's been no consideration for that. #KYGA22

Why worry about constitutionality on some bills and not others? This proves extreme politicians are using trans athlete and blanket mask bans to score cheap political points at the expense of our children. #HB23 #HB51 #KYGA22

While considering the school bus safety bill, they also say children are the "most vulnerable" among us. We agree. So why strip the ability of schools to protect students with some disabilities and try to erase LGBTQ children from their communities? #KYGA22

Now up is #HB51. Bill sponsor Rep. Bechler is currently peddling the same conspiracy theories about masks that have been debunked for multiple years now, claiming they cause asthma and yeast infections. #KYGA22

While cases may be declining, blanket bans will remove the ability of schools to protect students with some disabilities if, in the future, another variant creates a rise in cases. #KYGA22 #HB51

Schools have an obligation to provide equal access to education for students with disabilities under the Americans with Disabilities Act and Rehabilitation Act. Similar blanket bans have been blocked in federal court in other states. #KYGA22 #HB51

Rep. Massey asks how this blanket ban allows local control over the issue. The answer: it doesn't. During the special session the General Assembly took this power away from the Governor and gave it to school districts to restore "local control." Now they want to take that away.

Rep. @atticaforky asks why we would ban the ability to use a simple, cheap, and effective precaution should a new variant arise. Rep. Bechler replies simply, "masks don't work." ICYMI: That could not be further from the truth. #KYGA22 #HB51

We wrote to the committee about their obligations under federal law to protect our most vulnerable students. #HB51 #KYGA22 aclu-ky.org/en/news/letter…

Now, the mother of a student with disabilities is testifying on need for masking when cases are high. She recommends tying mask requirements to "reasonable public health markers," saying #HB51 is "advocating against medically fragile kids and their families." #KYGA22

Rep. Koenig votes no, citing the hypocrisy of #HB51 in light of the General Assembly banning the governor from implementing universal masking to restore "local control."

Multiple representatives have said they want more debate on #HB51, but are voting yes anyway to send it to the full House. The point of committees is to have these debates and draft a nearly complete bill before sending it to the full House. #KYGA22

Rep. @KyKillian votes no, saying he wants to keep kids in school and that comes down to a mask versus NTI. #HB51 #KYGA22

#HB51 passed. Now they are hearing from Rep. Ryan Dotson on #HB23, the bill to ban trans students from school sports. #KYGA22

Dotson is presenting an amendment to remove the ban for grades K-5. He says you can prove your "biological sex" with an unedited birth certificate or a sworn affidavit from a healthcare professional. #HB23 #KYGA22

This presents a number of issues. 1) Many people do not have their birth certificates. 2) Sworn affidavits could violate patient privacy. 3) No child should be forced to share information about their genitalia with the adults at their school. #HB23 #KYGA22

Dotson says it's "ironic" that 50 years after Title IX "we are here protecting girls' sports."

The irony is that these bans actually violate Title IX. #HB23 #KYGA22

Carol Franzen, and HS swim coach & Independence City Council member, walked the committee through a made up scenario in which including trans athletes will result in a girl getting ready to swim, looking to her right, and seeing "a 6'5" male." This daydream is absurd and bigoted.

Franzen claims "girls are being cut" from their teams "because boys are taking their spots." She then asks why the ACLU is not standing up for girls. We are. We are standing up for all girls. #HB23 #KYGA22

Franzen says she is "not a feminist" but is testifying to fight for fairness for girls and women.

Dotson's third person is testifying in support of the bill now. There have been several hypotheticals about "boys" taking girls' places on teams and unfairly winning. They have yet to share one single instance of inclusion causing any harm. #HB23 #KYGA22

While they cannot cite any instances of harm caused by inclusion, we know for a fact there are several children who will harmed if this legislation becomes law. They might refuse to believe it, but trans people exist. The problems they cite do not. #KYGA22 #HB23

Rep. @TinaForKentucky asks if Dotson has any evidence from KHSAA about inclusion causing any issues. He does not have any evidence to share. Rep. Bojanowski says #HB23 is simply about excluding trans children. #KYGA22

Rep. @TinaForKentucky is a former gymnastics coach. She says belongingness is crucial. Rep. @lgwillner says kids participate in school sports for fun, to be involved, to improve fitness, and more. She says research shows participation improves academic performance. #KYGA22

Rep. Dotson says "nobody is excluding anybody from sports." That is literally what #HB23 does. It excludes trans girls from girls sports. It's that simple. #KYGA22

ACLU-KY's Jackie McGranahan is testifying now. She explains how #HB23 violates equal protection and Title IX. That's why similar policies have been blocked in federal court in other states. #KYGA22

Jackie says #HB23 "sends the message that they are not worthy of a full life." She also says trans children participate for the same reasons everyone does: to be involved, improve fitness, and have fun. #KYGA22

Jackie points out that #HB23 is not only discriminatory, but a waste of tax dollars. She says if the state passes an unconstitutional law and loses in court, the taxpayers foot the bill for the legal fees for all sides. #KYGA22

Chris Hartman from @FairnessCamp is testifying now. He says this is a "manufactured national solution" in search of a non-existent problem, noting out of state lobbyists are in the room. The same lobbyists who pushed this policy in other states. #HB23 #KYGA22

Chris says all people deserve respect and that all kids "should have the opportunity to play with their friends." #HB23 #KYGA22

Chris notes that higher level athletic organizations already have policies in place and that these decisions should be left to those athletic experts and healthcare professionals to ensure an inclusive and fair playing field. #HB23 #KYGA22

Several of the leading women's athletic organizations support inclusion. Read more about that at ACLU-KY.org/Sports.

Now testifying is the Wells family. Fischer is a 12 year old field hockey player who would not be allowed to play next year if #HB23 becomes law. #KYGA22

Fischer says she has learned a lot by playing on her team and has made new friends. She has learned how to be humble, how to be on a team, and how to lose. #HB23 #KYGA22

Fischer is the student who recruited others to get the number of students required to start a field hockey team at her school.

Fischer concludes saying, "I've worked really hard to play this sport and I just hope you'll let me play in eighth grade." #HB23 #KYGA22

Fischer's dad reiterates that without Fischer, there would be no team at Westport Middle. "Fischer did not take anyone's spot. She created spots." #HB23 #KYGA22

Now testifying is Rae Strobel along with her 8-year-old daughter Cedar. Cedar is the 8th generation of her family to live on their farm. #HB23 #KYGA22

Rae says "this is not something [Cedar] chose. This is who she is. She told us she was a girl before she knew the word transgender." #HB23 #KYGA22

Rae says just like any kid, trans kids need "unconditional love, acceptance for who they are, and support." #HB23 #KYGA22

Cedar says she "really like playing soccer because it is fun to hang out [with] friends." She closes saying "please don't exclude me from playing with my friends." #HB23 #KYGA22

Now testifying is a high school athlete who says she is a cis woman and an ally. She has earned 20 varsity letters and is going to Tulane on an athletic scholarship. She says all girls should have the right to participate, just as she has. #HB23 #KYGA22

#HB23 would allow athletes to sue trans girls. She says the ability to file a lawsuit against a trans middle schooler is "despicable," and that she wants to win her races "with honor." #KYGA22

Now testifying is the father of two genderqueer children. He says "the most striking thing about trans kids is that they are kids." He asks that the committee just "let kids be kids and let kids play." #KYGA22 #HB23

He calls out the committee for manufacturing this non-existent "crisis," noting that attacks from distant policy makers will harm them. #HB23 #KYGA22

Committee is now voting on #HB23.

Rep. Banta votes yes, saying this is "not a vote against LGBTQ people." It is. #KYGA22 #HB23

Rep. Koenig votes yes, saying #HB23 "may not be needed." So why vote for it? #KYGA22

Rep. @KyKillian votes no, saying a core component of education is mental health and bills like #HB23 will increase psychological harm to LGBTQ people. #KYGA22