What began as a possible resolution recognizing differences in biological sex is now shaping up to become a new policy in School District 49.

During their regular meeting Thursday night, the D-49 Board of Education picked up talks to update their policies and procedures to acknowledge that there are two biological sexes, which may differ from one’s gender identity and expression.

Policy JBA, “Preserving Fairness and Safety in Sports,” if passed, would designate the district’s athletic teams or sports as “male, men or boys,” “female, women, or girls” or “coed, mixed, or open.” These designations would bar students of one biological sex from participating on the teams, entering the locker rooms, and lodging in hotels with students of the other sex.

The primary reason given for the new policy is to maintain fairness in athletic competition, stating that males have an inherent physical advantage over females and may deprive students of opportunities, along with safety and privacy in spaces like locker rooms.

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“Schools across the country and in Colorado are ignoring this reality and allowing men and boys to compete against women and girls,” the policy reads. “This is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports.”

Those opposed to the policy argued that it would discriminate against LGBTQ+ athletes, that it would go against state and federal laws, and that the executive order held no legal precedent.

Ahead of the discussion, board members Mike Heil and Lori Thompson provided scientific studies supporting their positions. For Heil, it was a case report on a rare successful pregnancy from a patient with Swyer syndrome, a condition where someone is born with XY chromosomes and female reproductive organs. For Thompson, it was an abstract of the study “Transwoman Elite Athletes: Their Extra Percentage Relative to Female Physiology.”

Heil had previously stated that he felt the matter, then discussed as just a resolution, was unnecessary. During the discussion, he added that a policy like this would set a precedent for harassment for both LGBTQ+ students and cisgender girls who may not fit into societal gender norms.

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“We already see girls being bullied for not being perfectly conforming to somebody’s idea of femininity, and this kind of policy ratchets that up as students and parents begin filing policy violation complaints,” he said. “When we do receive a complaint, we are not going to invade the privacy of a student’s underwear. Therefore, this policy is unenforceable.”

Alluding to previous concerns over competition and student safety, Thompson would later refer to a recent comment by prominent trans athlete Caitlyn Jenner, who stated that refusing to acknowledge biological differences would lead to the end of women’s sports.

“And I believe in women’s sports,” she said.

The board would eventually vote 3-2 to move the proposed policy forward for a final vote at their May regular meeting, with Heil and Marie La Vere Wright voting against it.

This story will be updated with more details from the meeting.

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