MONTGOMERY — The Alabama Senate Committee on Education Policy on Wednesday morning voted 9-0 to approve a bill that would prohibit biological males from competing in public school female sports, and vice versa.

HB 391, sponsored by Rep. Scott Stadthagen (R-Hartselle), would limit student athletes to competitions that align with the gender listed on their birth certificate.

“God doesn’t make mistakes,” the bill sponsor remarked. He summarized that HB 391 “protects female athletes … from allowing males to come in and compete against them.”

“It’s not on a fair and level playing field (for that to happen), and that’s what this bill is about,” Stadthagen told the committee.

The bill as amended received a favorable report, with Sen. Kirk Hatcher (D-Montgomery) abstaining. Sens. Rodger Smitherman (D-Birmingham) and Vivian Figures (D-Mobile) voted to support the measure, although Figures noted her “aye” was really an “I guess so.”

She expressed that she was “torn” about the bill but did underscore that she wanted fairness for female athletes.

Smitherman, a longtime coach at Ramsay High School, said he has coached female basketball teams and knows firsthand that it would give opponents an unfair advantage if they had biological males competing.

“I applaud what you’re trying to do,” Smitherman told Stadthagen.

Hatcher advised that he does not believe the bill or Stadthagen to be maliciously intended; however the newly elected Democrat raised general concerns about discrimination that he has with the legislation.

Stadthagen noted that HB 391 does not say “transgender” anywhere in the bill and said that the measure was intended to promote fairness across the board, not discriminate. He explained that at least six biological males in Alabama last year petitioned to compete in female sports, adding that data on the subject was hard to come by due to the personal nature and privacy laws involved. The bill sponsor also stressed that the legislation would simply codify what is already the existing policy of the Alabama High School Athletic Association. In sports where there are not separate competitions for females and males, such as football, both genders would still be able to participate together.

The bipartisan support by the Senate committee on Wednesday contrasts significantly with most House Democrats opposing the measure two weeks ago.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn