MONTGOMERY — The bill that would prevent transgender athletes from competing in all non-co-ed school athletics passed the Senate with an amendment over two weeks ago, but it has not made its way back to the House floor.

In Alabama's legislative proceedings, if a bill is amended after passing its origin chamber, it must return to its original house to either concur or move into a conference committee for further negotiation.

House Bill 261 (HB261), sponsored by State Rep. Susan DuBose (R-Hoover), would require all public two-year and four-year institutions of higher education to prohibit biological males from participating in athletic teams or sports designated for females and vice versa.

After passing the House of Representatives, HB261 received some amendments in the Senate. The amendment clarified that athletes could not compete on teams that do not correspond to their biological sex unless those teams were explicitly designed for coed competition.

Dubose told 1819 News all the Senate amendments were friendly, and the House had every intention of concurring with the Senate amendments. After which, the bill will go to Gov. Kay Ivey for her signature.

"I just checked on it last week. There are like 12 different bills that have come back for the Senate with some sort of amendment. At some point, there just going to randomly call them out. The bills don't have to be picked or put on the calendar."

The sister bill to HB261, House Bill 405 (HB405), also called the What is a Woman Act, standardizes definitions of man, woman, boy, girl, father, mother, male, female and sex to use the terms in the Code of Alabama.

The What is a Woman Act received a public hearing in a House committee on Wednesday and is expected to get a vote next week.

According to Dubose, it is essential for both bills to pass since one clarifies the role of men and women, and the other defines the ontological reality of men and women.

"It's like a sister bill," Dubose said. "So by defining male, female, man woman, because, in [HB261], I use the terms biological woman and biological man, well [HB405] defines what a man and a woman are."

The legislature has seven more days to conduct business, and the Act has to pass the House committee, Senate committee and Senate before going to Ivey's desk, assuming it's not amended in the Senate.

Limited time has Dubose questioning if it can clear both houses, but she is not lacking in optimism.

"That is going to be a matter of can I get it through with the matter of time we have left, but I'm going to work it," Dubose said.

To connect with the author of this story or to comment, email

Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.