Missouri Sen. Josh Hawley has filed an amendment to a bipartisan college sports bill co-sponsored by fellow Missouri Sen. Eric Schmitt, saying he wants to ensure federal law does not override Missouri’s restrictions on biological males competing in girls’ and women’s sports.
The amendment was filed Thursday to Schmitt’s Protect College Sports Act, legislation designed to overhaul several aspects of college athletics, including transfer rules, athlete eligibility and NCAA enforcement authority.
Hawley said he supports protecting women’s sports but is concerned language in the current bill could preempt state laws already in place.
“I just want to see a provision that makes it clear that Missouri’s ban on men playing women’s sports will stand,” Hawley said. “I don’t want any language in any bill, I don’t care what it is, that would overturn our ban.”
The Missouri Republican told Missourinet that the issue centers on what he describes as a broad federal preemption provision.
“There shouldn’t be men in women’s locker rooms. There shouldn’t be men in women’s sports. We banned that in the state of Missouri, thank goodness,” Hawley said. “And I’m worried that this bill, which has a huge preemption provision, a very broad preemption provision, would preempt Missouri’s rules as it relates to college athletics. I just can’t support that. I hope that this can be fixed.”
Hawley said he has discussed the proposal with Schmitt and believes other states may share Missouri’s concerns.
“And I’ve got to believe that the 26 other states that have a ban on men and women’s sports are going to want to see their laws protected too,” Hawley said. “This has nothing to do with the underlying bill. It wouldn’t matter what bill it was. If you have a preemption provision that may overturn Missouri’s law banning men and women’s sports, it’s going to be a problem.”
Schmitt has promoted the Protect College Sports Act as a way to bring stability to college athletics. The legislation would establish a one-time transfer rule, create a five-year eligibility window and restore NCAA authority to enforce certain rules. Schmitt has also said the bill would allow conferences to voluntarily pool media rights revenue in an effort to support non-revenue and women’s sports programs.
The bill has received support from the Trump administration, as well as the SEC and Big Ten conferences, and remains under consideration in the U.S. Senate.
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