We, alongside thousands in Lancaster County and millions nationwide, celebrated as Democratic candidate James Malone defeated Josh Parsons to represent the historically deep-red 36th Senatorial District last month. But last week , State Senator-Elect James Malone indicated his support for Senate Bill 9, a bill that aims to ban trans athletes from participating in school sports. Lancaster Stands Up strongly opposes this bill and we urge Malone to withdraw his support for this legislation. 

S.B. 9 is rooted in an outdated and biologically incorrect view of gender that seeks to use children as pawns to push transphobic policies. If this bill were to pass, any girl who is taller, stronger, or more capable than their peers could be accused of being transgender. They could be subjected to traumatic physical examinations that would violate their privacy and bodily autonomy. 

This is blatant state-sanctioned discrimination targeting a vulnerable community that is already at increased risk for depression, anxiety, and suicide. The bill, which targets transgender girls and women, not only seeks to ban their participation in athletic activities, but erases the entire identity of transgender individuals by stating one’s sex is immutable, based solely on reproductive organs, and sex assigned at birth. 

Let’s be clear: this is an unscientific and biologically flawed statement. Chromosomes vary. Intersex people exist. Biology is not binary. The impact of this bill would cut far beyond conversations about athletic programs. It seeks to disregard the very existence of transgender people. 

In response to this concerning position, representatives from Lancaster Stands Up joined other local advocates in a meeting with James Malone on Tuesday April 22nd. 

Malone, the outgoing mayor of East Petersburg, ran on a platform of equitable housing, public education, and inclusivity. These are the values he promised to uphold in representing our community. Malone’s campaign website states, “Guided by a dedication to ensuring every voice is valued and heard, James strives to break down longstanding barriers and create a future where every constituent has access to the resources, opportunities, and representation they deserve.” Malone’s support of S.B. 9 contradicts his promised platform.

 James Malone is undoubtedly in a precarious position, we don’t deny this. Republicans desperately want to take his seat back and are prepared to attack his position on this bill with mailers, billboards, and negative media campaigns. He will surely be attacked by Republicans, but we cannot allow these attacks to influence the senator’s commitment to protect the most vulnerable in our community.  

Malone and his team argue that S.B. 9 is likely to ‘die in the house.’ The house is a fragile Democratic majority by a mere 1 seat; taking that kind of risk with our neighbor’s lives is never okay. Malone’s support for SB9 has already emboldened democrats to signal their own support for this bill and has contributed to harmful discourse. Students who would be impacted by this bill know full well that they are the topic of policy and are being legislated on without a say. 

They know that Republican politicians seek to bar them from opportunities and erase their identities. Support of any kind for this bill, even with an attempt to secure the senate seat in the future, is a detriment to the nonbinary and trans community. Not only would it embolden Republicans to draft further legislation attacking our community, but it emboldens Democrats to consider trans people collateral damage for the sake of politics. 

Senator Malone, we know your values do not align with this bill. Your platform as senator will be more than just a vote. You set the tone for how our community looks out for one another and supports each other, even when there will be backlash. 

This discriminatory law attempts to use ‘fairness to women’ as a guise to push anti-trans legislation. It does not protect women because its definition of women excludes trans women. Trans girls are girls. Trans women are women. These students deserve the opportunity to participate in athletic programs that align with their gender identity. These are children who are growing, finding their place in the world,  deserve the same freedom to explore athletic activities as their cis peers. They belong on the court, on the field, and on the track. They are not going anywhere. You can not legislate away transgender students, but you can make them suffer. That is exactly what S.B. 9 will do. 

We cannot allow our representatives to erase the identities of our community members, bar them from opportunity, and remove their access to participate. We firmly stand with trans students and community members in demanding that S.B. 9 be shut down. We demand that James Malone retract his previous statements in support of this legislation and take a stand to uphold his own values as well as  his communities’ values. 

Senator-Elect Malone: Many of us personally canvassed for you, voted for you, and trusted you.  We left Tuesday’s meeting feeling hopeful, that you heard our concerns and you listened to those most impacted. But once sworn in, we fear you may give in to political people pleasing with your Republican colleagues over your constituents and vote against your own moral judgment. We urge you to continue to have the conversations, listen to your constituents, and the trans community and come May, vote no on SB9.  

We were optimistic when you flipped the Senate seat. Now don’t flip on us. 

Signed,

The Lancaster Stands Up Queer Solidarity & Liberation Team