School sports bills draw backlash from Georgia transgender advocates

Dozens of student athletes in Georgia girls’ sports joined state Rep. Phillip Singleton (center) to support his bill banning transgender participation on Feb. 4, 2021. (Photo by Beau Evans)

ATLANTA – A trio of bills aimed at separating Georgia school sports teams between children assigned male or female at birth have cropped up in the General Assembly, sparking backlash from LGBTQ advocates who view the measures as discriminatory toward transgender persons.

One measure by state Rep. Philip Singleton, R-Sharpsburg, has taken the brunt of the focus for its proposal to ban “biological boys” from playing on school sports teams with “biological girls,” as well as permit lawsuits against schools that defy splitting up different-gendered student athletes.

Another bill, by state Rep. Rick Jasperse, R-Jasper, would require similar school-sports separations as Singleton’s measure, likewise legally defining “gender” as “a person’s biological sex at birth” in state law.

It would also require a panel of three doctors to review information on a “student’s reproductive organs, genetic makeup and other medically relevant factors” if parents seek to waive having their kids comply with the male-female sports rules.

A third measure filed Thursday by state Sen. Marty Harbin, R-Tyrone, would also separate high school athletes based on gender, defined as “biological sex.” It would further require Georgia public colleges and universities to do the same by making “all determinations based on sex and not on gender.”

LGBTQ advocates have long challenged moves to conflate gender with sex, citing research that disputes equating a person’s sexual identity with their sex organs. They argue Singleton’s bill, the only one of the three to face a General Assembly hearing so far, could ostracize Georgia’s transgender students.

“We know from our country’s history that separate but equal is never equal,” said Heidi Miracle, parent of a transgender daughter and the community engagement director for the LGBTQ advocacy nonprofit PFLAG’s Woodstock chapter.

“Transgender youth need to fit in, to be accepted,” Miracle said at a recent hearing on Singleton’s bill. “To force them to be on a team with a gender identity that does not match their own and against their will would be devastating.”

Singleton, who introduced a similar measure last year, has dismissed criticism that his bill targets transgender youths in Georgia, arguing its intent is to promote fairness in female high-school sports while stressing that “biological differences at birth” give male athletes a competitive advantage.

“This bill is not about transgender athletes,” Singleton said. “This bill is about protecting girls’ sports. There’s noise that’s trying to detract from that…. We’re trying to prevent people from being hurt in Georgia.”

Opponents of Singleton’s bill have also warned it could prompt popular sporting events like the NCAA basketball tournament and socially conscious business groups to abandon Georgia, threatening economic damage similar to what North Carolina faced for passing a bill to restrict bathroom use according to gender in 2016.

“When LGBTQ people don’t feel welcome at work or in the community, they’re less likely to stay,” said Chris Lugo, executive director of OUT Georgia Business Alliance. “Employee turnover is a drag on our state economy and business competitiveness.”

Supporters have rallied behind Singleton’s measure, arguing male athletes have biological advantages over female athletes and should not be allowed to potentially create unfair playing fields. Harbin’s bill, likewise, is co-sponsored by more than half of the state Senate’s Republican members.

“This is an actual pro-women legislation,” Rep. Sheri Gilligan, R-Cumming, said about Singleton’s bill. “And there is nothing discriminatory about laws that protect equal opportunities for females and female athletes.”

Another measure, sponsored by Rep. Ginny Ehrhart, R-Marietta, would forbid Georgia doctors from performing sex-reassignment surgeries on anyone younger than 18, with felony charges resulting from ignoring the proposed ban.

The Georgia Republican-backed bills on sex and gender follow President Joe Biden’s Jan. 20 order to boost federal protections against gender identity and sexual orientation discrimination, aiming to relieve kids from “worrying about whether they will be denied access to the restroom, the locker room or school sports.”

Biden’s order was hailed by LGBTQ advocacy groups including the Human Rights Campaign, which said the protections “will have a real and practical impact on the day-to-day lives of the approximately 11 million LGBTQ adults and millions more LGBTQ youth in the United States.”

Other groups have panned Biden’s order, calling it a step too far that could harm female athletes. The nonprofit Independent Women’s Voice, which backs Singleton’s bill, said the order “jeopardizes the future of female sports and may even place girls and women in physical danger.”

Singleton’s bill and others also come as the U.S. House of Representatives passed the Equality Act on Thursday, which would bolster protections against gender identity and sexual orientation discrimination in jobs, housing and public areas like restaurants.

All six of Georgia’s Democratic U.S. House members voted in favor of the Equality Act. All eight Republicans voted against it. The measure now heads to the U.S. Senate.

Georgia House panel approves trust funds dedication bill

Georgia Rep. Bert Reeves

ATLANTA – The money deposited in nine state-run trust funds could be used for no other purpose under legislation that cleared the Georgia House Appropriations Committee Friday.

House Bill 511 is the follow-up to a constitutional amendment Georgia voters ratified overwhelmingly last fall requiring all revenues the state’s dedicated trust funds collect to remain inside those programs rather than be diverted into the general fund budget.

The late Georgia Rep. Jay Powell, R-Camilla, championed the constitutional amendment for years to prevent Georgia governors and legislative leaders from raiding the state’s Solid Waste and Hazardous Waste trust funds during economic downturns when money is tight.

The constitutional amendment finally gained passage last year following the unexpected death of Powell in November 2019 at age 67.

“When we in this General Assembly create and pass a dedicated fee to go to a certain purpose … it should go to the purpose it was intended for,” Rep. Bert Reeves, R-Marietta, who has shepherded the legislation since Powell’s death, told committee members Friday.

While Powell developed the proposal with the Solid Waste and Hazardous Waste trust funds in mind, the bill the committee adopted Friday also would apply to the following:

  • State Children’s Trust Fund, which goes to the Georgia Division of Family and Children Services.
  • Wildlife Endowment Trust Fund, a tax on hunting and fishing licenses that supports state wildlife programs.
  • Georgia Trauma Care Network, which funds trauma care services through a fine on “super speeders.”
  • Transportation Trust Fund, which supports road projects through the state’s motor fuels tax.
  • Georgia Agricultural Trust Fund, which goes toward marketing the state’s farm products and state-run farmers’ markets.
  • Fireworks Trust Fund, a sales tax on fireworks that goes toward trauma care and firefighter training.
  • Georgia Transit Trust Fund, a per-ride tax on ride-sharing services that helps fund public transit improvements.

The constitutional amendment ratified last fall includes a 10-year sunset date to give lawmakers a chance to review each trust fund and ensure the services it helps pay for are still needed.

It allows governors and legislatures to suspend the dedication of trust fund revenues during economic emergencies to free up those funds for general spending needs.

Also, the total amount dedicated to the trust funds during a given fiscal year could not exceed 1% of the state’s budget from the previous fiscal year.

Rep. Calvin Smyre, D-Columbus, said the transit trust fund is particularly significant because it represents the first dedicated source of state funding for transit projects. The General Assembly earmarked $75 million in one-shot bond financing for transit in 2015.

“Transit has been neglected,” Smyre said. “This is a great step.”

The bill now moves to the House Rules Committee to schedule a floor vote.

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Georgia sports betting backers switch to constitutional amendment

ATLANTA – Legislation to legalize online sports betting in Georgia gained momentum in the state Senate Thursday just as it appeared to get sidetracked in the Georgia House of Representatives.

A Senate committee passed a constitutional amendment that would put sports betting on the statewide ballot next year for Georgia voters to decide.

Senators decided to pursue the referendum route after the House postponed a floor vote on a bill aimed at legalizing sports betting without changing the state Constitution.

“It looks like it might not fare well in the House,” said Sen. Bill Cowsert, R-Athens, chairman of the Senate Regulated Industries and Utilities Committee. “[A constitutional amendment] might be the way to go.”

Sports betting supporters, including an alliance of Atlanta’s four pro sports teams, have been pushing since last year for lawmakers to legalize betting on sports by statute, which would need only simple majority votes of the House and Senate.

Constitutional amendments require two-thirds majorities in each of the two legislative chambers, a higher hurdle that backers of legalizing casino gambling and pari-mutuel betting on horse racing have been unable to clear in the General Assembly in a decade of effort.

Cowsert said he has become convinced that passing a statute authorizing the Georgia Lottery Corp. to oversee sports betting without amending the Constitution wouldn’t overcome a court challenge.

“It’s a real stretch to call sports betting a lottery game,” he said. “We’re on pretty thin ice to convince a court.”

Cowsert said going the constitutional amendment route also would let lawmakers dedicate the proceeds from sports betting to purposes other than Georgia’s HOPE Scholarships and pre-kindergarten programs, which the lottery helps fund.

The constitutional amendment the committee approved Thursday would dedicate the proceeds instead to needs-based college scholarships, rural health care and deployment of broadband in unserved areas.

“I think this will probably generate much broader support for this initiative,” Cowsert said

Sen. Ed Harbison, D-Columbus, said HOPE originally was a needs-based scholarship program when voters approved the lottery in the early 1990s. After lottery sales took off, lawmakers removed an income cap that had been placed on scholarship awards, and HOPE become a merit-based program.

Besides the constitutional change, the committee also approved a 42-page “enabling” bill with details on how sports betting would be conducted in Georgia.

Under the bill, sportsbooks would pay a 16% tax on their income to the state.

The lottery board would license at least six companies such as FanDuel and DraftKings to operate online sportsbooks in Georgia. The companies would pay an application fee of $10,000 and annual operating fees of $100,000.

 While wagering on college sports would be allowed, bettors could not wagers on Georgia’s sports teams.

Bettors would have to be located physically inside the state, a provision that would be enforced by geofencing technology.

As was the case during previous legislative hearings on legalizing gambling, the sports betting proposal drew opposition from representatives of faith-based groups.

Mike Griffin, representing the Georgia Baptist Mission Board, said online sports betting, which can be accessed through the convenience of a cellphone, is particularly prone to attracting problem gamblers.

“The majority of people who gamble are responsible” he said. “It’s the irresponsible people who contribute the most money.”

Cowsert said the legislation includes provisions to discourage addictive gambling. It would limit bettors to spending no more than $2,500 a month and prohibit sportsbooks from extending credit to bettors, he said.

Sen. Jeff Mullis, R-Chickamauga, argued sports betting is already taking place illegally in Georgia, but the state isn’t benefitting because it can’t be taxed.

“This puts structure in it … [and] revenue that goes to important uses,” he said. “The money goes to a good cause. Right now, it goes to the bookie.”

The constitutional amendment and enabling bill now head to the Senate Rules Committee to schedule votes on the Senate floor.

Georgia school teachers to be eligible for COVID-19 vaccine starting March 8

Gov. Brian Kemp unveiled plans to vaccinate Georgia school teachers in a speech at the state Capitol on Feb. 25, 2021. (Photo by Beau Evans)

Teachers, school staff and certain other vulnerable groups in Georgia will be eligible for the COVID-19 vaccine starting on March 8, Gov. Brian Kemp announced Thursday.

Vaccines will be available for pre-K and K-12 school teachers and staff, Kemp said. Georgia adults with intellectual and developmental disabilities, as well as the parents of children who have complex medical conditions, will also be eligible on March 8.

Kemp traced his decision to expand vaccines to teachers on encouraging signs of increasing vaccine production from the Biden administration and the new Johnson & Johnson-brand vaccine that won high safety marks from the U.S. Food and Drug Administration this week.

“Today, we will be taking another step to protect the most vulnerable and get Georgia back to normal,” Kemp said at a news conference Thursday.

Professors and staff at Georgia colleges and universities will not be on the March 8 list of newly eligible vaccine recipients since they are “dealing with an older population” of adult students who have more options to avoid infection than teachers of younger students in grades pre-K through 12, Kemp said.

The governor stressed he wants all Georgia public schools to return for in-person classes before year’s end as teachers are vaccinated, saying online classes amid the COVID-19 pandemic have dampened students’ education progress for too long.

“Virtual schooling is leaving too many children behind and parents at their wits’ end,” Kemp said. “We must have students back in the classroom, five days a week.”

The upcoming vaccine expansion for teachers drew praise from State School Superintendent Richard Woods, who called it a critical step in returning Georgia kids to in-person schooling.

“This is an important step in ensuring all Georgia students have access to in-person instruction and ensuring the safety of students, staff and families,” Woods said. “It has been an incredibly challenging year for educators and families alike, but I believe we are beginning to see the light at the end of the tunnel.”

Teachers and other soon-eligible groups will join health-care workers, nursing home residents and staff, first responders and Georgians ages 65 and older who have qualified for the vaccine for several weeks.

Kemp noted Georgia has doled out nearly 1.9 million vaccines so far, including to more than 800,000 people ages 65 and older who have received at least one of the needed two doses of Pfizer and Moderna vaccines.

Newly eligible teachers and other Georgians clambering for the vaccine could still face headaches in scheduling appointments for their shots given the state’s limited allotment, Kemp said. Currently, state officials are receiving 198,000 doses a week from the federal government.

“We will continue to see more demand than supply,” Kemp said.

If all goes well with the March 8 rollout to teachers, Kemp said he will move to expand vaccine eligibility again in late March to additional groups that tend to be more vulnerable to contracting the virus.

Local school administrators will be largely left to their own to decide how teachers and staff should receive their shots, including whether to host vaccines on-campus at their schools, Kemp said.

State officials are also working with hospitals and health clinics to decide which parents with children who have complex medical conditions will receive the vaccine, said Georgia Public Health Commissioner Dr. Kathleen Toomey.

“We are doing that in conjunction with providers who care for those children,” Toomey said on Thursday.

Officials stressed Georgians should go ahead and pre-register now for a vaccine appointment on the state’s sign-up website, even if they are not yet eligible. The website, https://myvaccinegeorgia.com/, will automatically alert people once they’re eligible and will schedule an appointment.

Roughly 812,000 people had tested positive for COVID-19 in Georgia as of Thursday afternoon, with nearly 185,000 more reported positive antigen tests indicating likely positive results. The virus has killed 14,989 Georgians.

Initial unemployment claims in Georgia continue downward slide

Georgia Commissioner of Labor Mark Butler

ATLANTA – First-time unemployment claims fell again in Georgia last week, mirroring a decline in jobless claims nationwide as more and more businesses shut down by the coronavirus pandemic reopen.

Georgians filed 25,447 initial unemployment claims last week, a decrease of 1,085 from the previous week, the state Department of Labor reported Thursday.

As the number of claims in the Peach State continued trending down, Georgia Commissioner of Labor Mark Butler said his agency is processing claims at rates above the national average. Georgia reports releasing first payments to 75.5% of claimants with initial claims within 21 days, outpacing the national average of 66.4%.

“No state has processed and paid as many claims as we have at a faster pace,” Butler said. “We have received some tough scrutiny lately for the small percentage of claims not paid that may not even be eligible for payment.” 

Still, the General Assembly is looking to give the labor department more help processing claims. The fiscal 2021 mid-year budget Gov. Brian Kemp signed last week includes $49,729 to hire a chief labor officer to oversee unemployment insurance requests, including financial audits.

Legislation authorizing the position is now before the Georgia Senate Industry and Labor Committee.

Since the outbreak of COVID-19 in Georgia, more than $18.7 billion in state and federal benefits have been paid out to more than 4.4 million jobless Georgians, more than during the entire nine years before the virus struck.

The job sector accounting for the most unemployment claims last week was accommodation and food services with 5,520 claims. The administrative and support services sector was next with 3,045 claims, followed by manufacturing with 2,226.

More than 186,000 jobs are listed online at https://bit.ly/36EA2vk for Georgians to access. The labor department offers online resources for finding a job, building a resume, and assisting with other reemployment needs.