Colorado Democratic Gov.-elect Phil Weiser opened the door Wednesday to changing a ballot measure that would keep biological males out of girls’ and women’s school sports, raising privacy concerns as the proposal led in unofficial election returns.
“We’re going to have to take a look at these anti-trans measures, and what adjustments are necessary and appropriate,” Weiser said at a news conference. “I don’t believe it would be acceptable to Colorado to have every student athlete have to go through full body examinations.”
Proposition 134, however, does not prescribe a particular method for verifying an athlete’s biological sex. Colorado’s official voter guide says individual schools and school districts would determine their own verification procedures.
The proposal would require school athletic teams from elementary school through college to be designated male, female or coeducational. Male students would be barred from female teams, while female students could join male teams if an equivalent female team were unavailable. Coeducational teams would remain open to all students.
With counting continuing, Proposition 134 had 52.66% support to 47.34% opposition, according to results published by Ballotpedia and updated Thursday morning. Those results were unofficial, and Ballotpedia listed the measure as too close to call.
Weiser’s comments raised the prospect of legislative revisions if the proposal passes. He described reviewing and adjusting statutory ballot measures as an appropriate legislative role, according to remarks reported by The Denver Post and reproduced by Rocky Mountain Voice.
The measure was placed on the ballot as a proposed state statute, rather than a constitutional amendment.
Protect Kids Colorado, which led the campaign for Proposition 134, has argued that sex-based eligibility rules are necessary to protect female athletes’ safety and competitive opportunities.
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“This initiative is about fairness, and it’s about safety, and it’s about girls and keeping female athletics female,” Lori Gimelshteyn, a board director of the organization, told Colorado Public Radio.
The state voter guide also identifies an unresolved question about how Proposition 134 would interact with Colorado’s existing anti-discrimination law, which protects gender identity. Its analysis says the measure’s effect on current state law is unclear.
Weiser’s remarks came a day after he defeated Republican Victor Marx in the governor’s race. Colorado Newsline reported that Democrats also secured supermajorities in both legislative chambers, giving the party substantial influence over any legislation addressing the measure.
His comments addressed both Proposition 134 and Proposition 135, a separate proposal restricting surgeries intended to alter minors’ biological sex characteristics. Both measures were leading in the count when he spoke.