It has been stated by numerous Republicans that this bill will not permit genital inspections. From my understanding, the way this bill determines gender is based on your birth certificate. However, we all know that that can be changed without too much trouble (at least in many states). I know that this anti-trans movement will not stop at "if you are legally a girl then you can compete as a girl". The bill does not propose or rule out any method of enforcing this, so it can be enforcing in any way people want to enforce it. Since they very obviously do not care about what your legal records say, how will they enforce this? Are they going to force EVERY girl and/or woman to take hormone tests? Oh wait, that can't work because people have access to HRT. Are they going to force EVERY girl to have their genetics tested? Oh wait, that can't work unless they intent to allow intersex people with De La Chapelles Syndrome into girls sports. And from my experience they do not. Are they going to do genital inspections? Oh wait, that can't work because people can undergo surgeries.
Are they going to criminalize changing you birth certificate and other legal documents? Then what about people who have changed it in the past? Are they going to criminalize HRT? Then why don't they criminalize every non-medically necessary drugs/substances (I am not saying HRT is not medically necessary)? Are they going to criminalize gender affirming surgeries? Then why don't they criminalize every non-medically necessary procedure (again, I am not saying that these surgeries are not medically necessary)?
The truth of the matter is that they realize that any way they could try to enforce this system without allowing any exceptions would require passing additional laws that they know the vast majority would not agree with. For example, should people be allowed to get tattoos? That is not a medically necessary procedure, though it has semi-permanent effects. Should people be allowed to smoke or vape? Those contain drugs that are not medically necessary that can cause lasting health concerns. The only way to create a foolproof system would require outlawing many things such as these. The laws would need to be fair and just for everyone, and outlawing only procedures that affect trans people instead of procedures with similar risks that affect everyone would be criminal.
So instead, they leave it as one big blank. They did not specify how to enforce this, so people can enforce it however they want, and none of the blame will go to the federal government because they did not tell them to enforce it like this. So we are going to be seeing a massive rise of inspections, forced medical tests, publicizing of confidential information such as medical and legal records, etc.
