Maryland legislature blocks public from testifying at hearing on Fairness in Girls' Sports Act

Maryland Del. Kathy Szeliga (R)

When is a public hearing not a public hearing? When the public is not allowed to testify at the hearing. That's going to be the case in Room 130 of the House Office Building in Annapolis on January 29, 2025 at 1:00 PM, when the Maryland House Ways and Means Committee holds a hearing on House Bill HB156, the Fairness in Girls' Sports Act. The hearing is one of several at which the committee has barred the public from being able to offer oral testimony. Only the sponsor of the bill, Del. Kathy Szeliga (R), will be allowed to testify during the hearing.

"I’m disappointed to inform you that the Committee has decided to NOT ALLOW oral testimony from citizens during the hearing," Szeliga wrote in an email to constituents yesterday. "This means I will be the sole voice presenting the overwhelming support this issue has garnered across Maryland. The positive response to my recent op-ed in The Baltimore Sun—spanning all demographics and party lines—demonstrates how much this common-sense legislation resonates with Marylanders."

If passed, HB156 would require "certain interscholastic and intramural junior varsity and varsity athletic teams or sports sponsored by certain schools to be expressly designated based on biological sex; prohibiting certain entities from taking certain adverse actions against a school for maintaining separate interscholastic and intramural junior varsity and varsity athletic teams and sports for students of the female sex; and providing that certain individuals have the right to bring a civil action under certain circumstances."

The inability of the public to speak not only means that those supporting the bill will not be heard during the hearing, which is the apparent intent of the committee, but neither will the voices of those in Maryland who are opposed to it. We've seen in recent years that, as more citizens become engaged on certain issues like zoning and school curriculums, governing bodies put greater and greater restrictions on speech and participation in public hearings. The Montgomery County Council began to place a limit on the number of citizens who could speak during public hearings, for example, when this was never done in the past. In contrast, public hearings before the Washington, D.C. City Council and some jurisdictions in Northern Virginia literally continue into the night, until every person who wished to speak has been heard. Across the country, citizens have been given less time to speak, and even face eviction or arrest if their 1st Amendment-protected speech triggers megalomaniacal elected officials.

Those who wish to submit written testimony on HB156 can still use these instructions, and register to submit their comments, or to simply check a box that indicates support or opposition. But as any experienced activist can tell you, there is no substitute for the power of - and greater public and media attention to - oral testimony at hearings. Which is why your elected officials are trying to silence your voice - literally.