The pressure is mounting on states like North Carolina after the University of Vermont (UVM) athletic department announced that it was cancelling the December 28 women’s basketball game at the University of NorthCarolina because of concerns about the state’s controversial HB2 law.
UVM Athletic Director Jeff Schulman explained in a statement that “the decision to cancel … was made as a result of concerns over the HB2 law, which prevents transgender people from using government-run bathrooms based on their gender identity.
“We strive very hard to create an inclusive climate for our students and staff in which they all can feel safe, respected, and valued. It would be hard to fulfill these obligations while competing in a state with this law, which is contrary to our values as an athletic department and university.”
Schulman went on to tell the media that after he took the job at UVM, which was reportedly set to receive $17,500 and other considerations for the appearance, he “began to look at and study the issue and the law.” His conclusion: “It discriminates against the transgender community.”
The decision comes on the heels of the Universityof Albany’s decision to pull out of a November 12 game against the Duke University Men’s Basketball Team. After that decision was made, SUNY spokeswoman Holly Liapis issued the following statement to The Durham Herald-Sun:
“The State University of New York supports Governor Cuomo’s executive order banning all non-essential travel to the state of NorthCarolina. We instructed our campuses to immediately review any existing travel plans by faculty and staff. SUNY and its campuses continue to support the Governor on taking this stand.”
More Broadly, NCAA Acts Against States Like North Carolina
On July 22, the NCAA announced that cities interested in hosting future NCAA championships are being asked to specifically outline how they will protect participants and spectators from discrimination.
“These potential future bidding cities must complete a questionnaire from the NCAA by Aug. 12 detailing any local anti-discrimination laws, provisions for refusal of services and other facility-specific information. Currently awarded host sites will have a separate deadline, which will be determined later, to submit this same information.
“The questionnaire follows the Board of Governors’ April adoption of a new requirement for sites hosting or bidding on NCAA events in all divisions. These hosts must demonstrate how they will provide an environment that is safe, healthy and free of discrimination and also safeguards the dignity of everyone involved in the event.
“The policy applies to all championships, including those with sites that are awarded based on competition results, also known as non-predetermined championships.”
Mark Lewis, NCAA executive vice president for championships and alliances, said the NCAA is “committed to providing a championship experience within an inclusive environment for student-athletes, coaches, administrators and fans. With the Board of Governors’ direction, we are taking steps to assure that anyone associated with an NCAA championship event will be treated with fairness and respect.”
The board tasked NCAA national office staff with developing a process to implement this policy, with a specific focus on using the bid process to gather relevant data. Over the past couple of months, the staff has been working with the Board of Governors’ Ad Hoc Committee to Promote Cultural Diversity and Equity and has received feedback on the questionnaire from other membership bodies.
The questionnaire integrates the requirement into the bidding process for championships, adding it to information already required regarding access for people with disabilities and details on playing and practice facilities.
The committees for each of the 90 NCAA championships, which are comprised of representatives from NCAA schools, will use this information “to ensure they award championships to cities that meet all hosting requirements.”
The Non-Discrimination Questionnaire can be found at: http://on.ncaa.com/2ag6SX5
Expert Weighs In
John F. Banzhaf III, B.S.E.E., J.D., Sc.D. and a Professor of Public Interest Law at GeorgeWashington UniversityLaw School, offered the following insight into the latest development:
“The cancellation of a few games, by itself, is likely to have very little impact because many people see this as both a matter of principle and of safety. Permitting any person with a penis, based solely upon the unsupported claims of a parent or even an individual teen, to share a restroom – much less a locker room or gang shower without the privacy provided by individual toilet stalls – with girls is very strongly opposed.
“It is also inconsistent with NCAA policy which requires athletes desiring to play on a team contrary to their genitals to gain both ‘a doctor’s certification’ and undergo ‘hormone therapy,’ and cannot be based upon the unsupported claim of a person with a penis that ‘she’ feels like a woman.
“Moreover, the cancellations seem unnecessary and ill-directed because the law does not require colleges to enforce the policy, and both schools said long before the cancellations that they opposed the law and would not in fact enforce it.”
On the question of what impact the pressure being applied by the NCAA and NBA, with relocating the All-Star game, are having on other states that have similar laws, or are contemplating such laws, the professor added:
“The mere relocation of the All-Star games, while somewhat more significant than cancellations of a few ordinary games, will not by itself have much impact. But together with pressure from others — especially large corporations, mainstream media, and social media — it could push the state to a complete rollback, or at least a ‘clarification.’”
