On March 3^rd and 4^th respectively, the Wisconsin Assembly introduced bills AB100 and AB103, the most recent of a long line of anti-trans legislature seen in the state and throughout the country in recent years. These fast-moving bills are scheduled for public hearing on March 6^th at 10 am in room 412E of the state Capitol building.

Specifically, AB100 seeks to amend Wisconsin’s nondiscriminatory statute (s. 118.13, Wis. Stats.) as it pertains to student access to school operations, sponsored programs, and activities. The new bill would require school administrations to specifically designate their interscholastic or intramural sports programs as either “male” or “female,” and limits participation in those programs based on the sex found on the student’s birth certificate. The bill also requires schools to prohibit students they deem as “male” from accessing locker rooms designed for females.

The bill is very similar to AB377, which passed in the state legislature in 2023, but was ultimately vetoed by Governor Evers. The two bills differ in that AB377 did not include a facilities ban.

AB103, if passed, would require school boards to adopt new policies regulating the circumstances under which school staff can refer to a minor pupil by any name other than their legal name, or by pronouns other than the one provided at the time of the student’s enrollment. Under this bill, schools would only be able to adopt a student’s preferred name or pronouns with written authorization from the parents or legal guardians, along with affidavits and documentation that the change is not fraudulent or intended to interfere with the rights of others. The requests may be denied, in which an appeal process could be pursued. There are exceptions for students preferring shortened versions of their legal name, or who choose to go by their middle names.

This bill is the first standalone bill specifically targeting the use of preferred names and pronouns in schools, though the idea has previously been included as part of a number of overarching “parental rights” bills that had been introduced in the last three years.

The time between when a bill is introduced to when it goes to public hearing can vary, though it is worth noting that for these two bills, the co-sponsorship deadlines were significantly shorter than normal, indicating that Republican lawmakers may be attempting to use these bills as strategic campaign points ahead of the upcoming Wisconsin Supreme Court election.

As of the time of writing, there are no companion bills in the Wisconsin Senate ready to go. However, in March of 2024, Governor Evers renewed his promise to veto any bill that the Republican-controlled state legislature passes that would prohibit transgender athletes from participating in school sports on girls teams stating, “I’ll keep my promise to veto any bill making Wisconsin less safe, less inclusive, and less welcoming for LGBT people and kids…And I’ll be damn proud to do it.”

In recent years, anti-trans bills have almost always been met with very loud public outcry at the hearings, with standing-room-only crowds being designated to multiple overflow rooms. The hearings for AB100 and AB103, which are scheduled for March 6^th at 10 am in room 412E of the state Capitol building, could be no exception, despite the short notice.

In addition, Fair Wisconsin has set up an email address for people to submit testimony on the proposed bills for those unable to oppose them in person. Written testimony can be sent to: [email protected].