Republican Sam Brown wrong on Democratic Sen. Jacky Rosen’s transgender athlete votes

Nevada Republican Sam Brown accused his incumbent competitor, Democratic Sen. Jacky Rosen, of permitting transgender athletes to compete unfairly.

"Jacky Rosen voted to allow biological men to compete in women’s sports, and she made it clear she still stands by her votes against women," Brown, a retired U.S. Army captain, wrote Oct. 21 on X.

The Senate Leadership Fund, the leading political action committee for Senate Republicans, followed less than a week later with an ad saying Rosen backed "trans biological men in girls’ sports."

The Brown campaign did not respond to questions about which of Rosen’s votes he was referring to in his X post.

But the Senate Leadership Fund’s ad cited Rosen’s 2021 and 2024 votes against amendments to broader funding bills. The super PAC made the same argument — using the same evidence — in an ad targeting another Democratic incumbent: U.S. Sen. Sherrod Brown in Ohio. We rated that False. 

The claims against Rosen are similarly misleading: The amendments Rosen voted against would have stripped federal funding from schools and colleges that allowed transgender girls and women to compete in sports matching their gender identity. They did not address athletic eligibility; federal law rarely dictates who is eligible for specific sports.

The Senate Leadership Fund ad cited Rosen’s  March 6, 2021, and March 22, 2024, votes on amendments that lawmakers often call "poison pill" amendments because they are designed to render legislation ineffective. Sen. Tommy Tuberville, R-Ala., proposed the changes to the 2021 American Rescue Plan and a 2024 bill funding multiple federal departments. Both failed along party lines.

The bills did not dictate athletic eligibility. Governing bodies such as the National Collegiate Athletic Association controls that. Federal law addresses compensation, amateur status, antitrust or other civil issues. 

U.S. high school athletic eligibility is highly decentralized. State governing bodies, such as the Nevada Interscholastic Activities Association, determine who may, or may not, participate.

The association in 2014 released guidance to member schools recommending, but not requiring, transgender athletes be allowed to compete in activities that correspond to their gender identities, according to a Jan. 16, 2014, Nevada Appeal article.

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These claims regarding Rosen came after the University of Nevada, Reno, women’s volleyball team forfeited an Oct. 26 match against San Jose State University over reports that one San Jose State player is a transgender woman.  Brown appeared at an Oct. 16 game along with fellow Republican and former Hawaii Rep. Tulsi Gabbard to publicly support the Reno team’s decision.

Rosen has not commented publicly on the University of Nevada, Reno, controversy, but her campaign spokesperson, Johanna Warshaw, said in an email Rosen believes coaches and athletic leagues are "in the best position" to ensure fair athletic competition.

Brown said Rosen "voted to allow biological men to compete in women’s sports." The Senate Leadership Fund, a super PAC, followed later, saying Rosen backed "trans biological men in girls sports."

Rosen voted against two amendments to broader spending bills that would have stripped funding from schools that allowed transgender athletes to compete in sports that matched their gender identity. The amendments did not pertain to athletic eligibility.

We rate the claim False.