T33CH62

Title 33 > T33CH62

Sections (6)

33-6201

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6201. SHORT TITLE. This chapter shall be known and may be cited as the Fairness in Women’s Sports Act. History: [33-6201, added 2020, ch. 333, sec. 1, p. 967.]

33-6202

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6202. legislative findings and purpose. (1) The legislature finds that there are inherent differences between men and women, and that these differences remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual’s opportunity, United States v. Virginia, 518 U.S. 515, 533 (1996); (2) These inherent differences range from chromosomal and hormonal differences to physiological differences; (3) Men generally have denser, stronger bones, tendons, and ligaments and larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher haemoglobin, Neel Burton, The Battle of the Sexes, Psychology Today (July 2, 2012); (4) Men also have higher natural levels of testosterone, which affects traits such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of type 2 muscle fibers, all of which result in men being able to generate higher speed and power during physical activity, Doriane Lambelet Coleman, Sex in Sport, 80 Law and Contemporary Problems 63, 74 (2017) (quoting Gina Kolata, Men, Women and Speed. 2 Words: Got Testosterone?, N.Y. Times (Aug. 21, 2008)); (5) The biological differences between females and males, especially as it relates to natural levels of testosterone, explain the male and female secondary sex characteristics which develop during puberty and have lifelong effects, including those most important for success in sport: categorically different strength, speed, and endurance, Doriane Lambelet Coleman and Wickliffe Shreve, Comparing Athletic Performances: The Best Elite Women to Boys and Men, Duke Law Center for Sports Law and Policy; (6) While classifications based on sex are generally disfavored, the Supreme Court has recognized that sex classifications may be used to compensate women for particular economic disabilities [they have] suffered, to promote equal employment opportunity, [and] to advance full development of the talent and capacities of our Nation’s people, United States v. Virginia, 518 U.S. 515, 533 (1996); (7) One place where sex classifications allow for the full development of the talent and capacities of our Nation’s people is in the context of sports and athletics; (8) Courts have recognized that the inherent, physiological differences between males and females result in different athletic capabilities. See e.g. Kleczek v. Rhode Island Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992) ( Because of innate physiological differences, boys and girls are not similarly situated as they enter athletic competition. ); Petrie v. Ill. High Sch. Ass’n, 394 N.E.2d 855, 861 (Ill. App. Ct. 1979) (noting that high school boys [generally possess physiological advantages over] their girl counterparts and that those advantages give them an unfair lead over girls in some sports like high school track ); (9) A recent study of female

33-6203

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6203. designation of athletic teams. (1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public primary or secondary school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education shall be expressly designated as one (1) of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed. (2) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex. (3) A dispute regarding a student’s sex shall be resolved by the school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student’s personal health care provider that shall verify the student’s biological sex. The health care provider may verify the student’s biological sex as part of a routine sports physical examination relying only on one (1) or more of the following: the student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. The state board of education shall promulgate rules for schools and institutions to follow regarding the receipt and timely resolution of such disputes consistent with this subsection. History: [33-6203, added 2020, ch. 333, sec. 1, p. 969.]

33-6204

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6204. protection for educational institutions. A government entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school or an institution of higher education for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex. History: [33-6204, added 2020, ch. 333, sec. 1, p. 969.]

33-6205

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6205. cause of action. (1) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or institution of higher education. (2) Any student who is subject to retaliation or other adverse action by a school, institution of higher education, or athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or institutions of higher education in the state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization. (3) Any school or institution of higher education that suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization. (4) All civil actions must be initiated within two (2) years after the harm occurred. Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorney’s fees and costs, and any other appropriate relief. History: [33-6205, added 2020, ch. 333, sec. 1, p. 969.]

33-6206

TITLE 33 EDUCATION CHAPTER 62 FAIRNESS IN WOMEN’S SPORTS ACT 33-6206. severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [33-6206, added 2020, ch. 333, sec. 1, p. 970.]