GOP Senators Push Amendment to Preserve State Women’s Sports Protections in College Athletics Bill

Three Republican senators introduced an amendment Thursday designed to safeguard state laws prohibiting biological males from competing in women’s college sports against potential preemption by the Protect College Sports Act. Senators Josh Hawley of Missouri, Jim Banks of Indiana and Tommy Tuberville of Alabama identified what they characterize as a significant gap in the pending legislation that could inadvertently eliminate existing state protections for female athletes.

The amendment’s language would explicitly carve out an exception ensuring that the bill’s federal preemption provisions do not apply to state or local laws “prohibiting biological men from playing in women’s sports.” The three lawmakers expressed concern that the current bill’s broad language governing college athlete eligibility could supersede sex-based eligibility requirements established by individual states, including their own jurisdictions.

Hawley disclosed his concerns publicly Wednesday through social media, stating he had reviewed the current draft and found it problematic because it “preempts Missouri’s law banning men in women’s sports.” Banks emphasized that Indiana maintains “one of the strongest laws in the country” protecting female athletes and said he cannot support legislation that would override such protections.

Tuberville characterized protections for women’s athletics as “the civil rights issue of our time,” asserting that the amendment represents common-sense policy for safeguarding female student athletes. The amendment addresses one of two primary objections from women’s sports advocates, with the second concern involving potential NCAA immunity from Title IX liability related to eligibility decisions.

The Independent Council on Women’s Sports and athletes including Riley Gaines have argued the legislation’s exemptions could shield the NCAA from legal accountability for eligibility decisions that violate Title IX protections. Supporters of the overall bill contend that a national regulatory framework is necessary to stabilize college athletics, establish uniform NIL compensation rules and protect athletes’ scholarships and healthcare benefits.

Senator Maria Cantwell, a leading bill supporter, argued the legislation would protect opportunities for women’s and Olympic sports while creating federal standards for athlete compensation. The outcome of the amendment vote has emerged as potentially decisive in determining whether the broader college sports bill can secure sufficient Republican backing for advancement.