Three Republican senators have introduced an amendment to the Protect College Sports Act, seeking to prevent the federal bill from superseding state laws that prohibit biological males from competing in women's college sports. The amendment, filed by Sens. Josh Hawley of Missouri, Jim Banks of Indiana, and Tommy Tuberville of Alabama, addresses concerns that the current language of the bill could unintentionally invalidate such state protections.
The Protect College Sports Act is designed to establish national standards for college athletics, covering areas like name, image, and likeness (NIL) compensation, athlete eligibility, and other significant issues. However, critics, including the senators, fear that broad provisions intended to govern the NCAA could override existing state legislation.
"Biological men should never be allowed in women’s sports or women’s locker rooms," Hawley stated. "We’ve got to make sure state laws protecting women stand." He expressed concern that the bill, as drafted, could preempt Missouri's law that bans men from participating in women's sports.
Banks echoed these sentiments, emphasizing the importance of existing state laws. "Indiana has one of the strongest laws in the country that keeps biological men from competing in women’s sports," he said. "As the father of three daughters, I can’t support any legislation that would preempt Indiana’s law. This amendment would make sure the Protect College Sports Act protects female athletes."
Tuberville characterized the protection of women's athletics as "the civil rights issue of our time." He added, "Democrats have proven again and again they don’t give a rip about protecting women from mentally ill men who wake up one day and decide to dress up like a girl." He stated he was "proud to stand with Senators Hawley and Banks in introducing this commonsense amendment to protect millions of female student athletes."
The amendment specifically states that the bill’s federal preemption provision would not apply to any state or local law that "prohibits biological men from playing in women’s sports." This targeted approach aims to preserve the enforceability of state-specific sex-based eligibility requirements.
This legislative move highlights a key point of contention for Republican support of the broader bill. Supporters of the Protect College Sports Act argue that a unified federal framework is essential to stabilize college athletics, safeguard athletes' NIL rights, and create uniform rules for compensation, scholarships, and healthcare. Sen. Maria Cantwell, a leading proponent, has stated that the bill would help protect roster spots for women's and Olympic sports by "stabiliz[ing] the arms race."
However, the amendment introduced by Hawley, Banks, and Tuberville indicates that the advancement of the Protect College Sports Act may hinge on its ability to accommodate concerns about maintaining state-level protections for female athletes.