Skip to main content
H 7732Extracurricular Activities

Education - Fairness in Women's Sports Act

This bill requires public school sports teams to be separated by biological sex and bans males from playing on female teams.

Introduced
Population
Affected
15
Email Legislator
Introduced Feb 12, 2026Committee House Education

Plain-English Summary

This legislation, titled the "Fairness in Women's Sports Act," mandates that athletic teams sponsored by public schools and public colleges in Rhode Island be expressly designated based on biological sex: male, female, or coed. Specifically, the bill prohibits students of the male sex from participating on teams designated for females, women, or girls. If a student's sex is disputed, they must provide a physician's statement verifying their sex based on reproductive anatomy, testosterone levels, and genetic makeup. The bill also allows students to sue educational institutions if they are deprived of athletic opportunities or face retaliation due to violations of this act.

For younger readers

This new rule says that sports teams at public schools and colleges must be just for boys, just for girls, or for everyone together. It specifically says that boys cannot play on teams that are meant only for girls. If there is an argument about whether a player is a boy or a girl, a doctor must check the student's body and genes to decide. If a student loses a chance to play sports because a school does not follow this rule, that student is allowed to take the school to court.

Who & Where It Applies

Impacted groups
Female student athletesTransgender student athletesPublic school administratorsPublic college administratorsParents of student athletes
Impacted communities
All

Constitutional & Fiscal Check

High. The bill likely violates the Equal Protection Clause of the 14th Amendment by discriminating based on gender identity, as seen in recent federal court rulings blocking similar bans (e.g., Hecox v. Little). Furthermore, the dispute resolution mechanism requiring invasive examinations of "internal and external reproductive anatomy" of minors raises significant Fourth Amendment concerns regarding unreasonable searches and severe privacy violations.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Aims to protect the specific category of cisgender female athletes, ensuring they are not displaced from competitive rankings or scholarship opportunities by athletes with physiological advantages.
  • Establishes a clear legal framework for students to seek recourse and hold institutions accountable if they believe their educational and athletic opportunities are being compromised.
  • Formally recognizes and encourages the creation of "coed or mixed" teams, which could foster inclusive environments for non-binary students or those preferring mixed-gender competition in intramural settings.
  • Marginalizes transgender and intersex youth by excluding them from sports teams that align with their gender identity, potentially causing significant psychological harm and social isolation.
  • Mandates invasive medical examinations of minors, including analysis of reproductive anatomy and genetic makeup, to resolve disputes about a student's sex, which violates bodily autonomy.
  • Likely violates civil rights protections against discrimination based on gender identity, inviting costly litigation that diverts funds from educational programs and reinforces systemic barriers against LGBTQ+ individuals.
For Conservatives
  • Protects the integrity of women’s sports by ensuring competition remains fair based on biological differences and physiological advantages inherent to biological males.
  • Upholds traditional definitions of sex and gender within public educational institutions, preventing the erosion of established social norms regarding biological distinctions.
  • Empowers parents and students with a private cause of action to sue schools that fail to enforce these standards, ensuring institutions remain accountable to the law and the community.
  • Increases government intrusion into private family matters by mandating that schools require invasive anatomical and genetic testing of students if their sex is disputed.
  • Creates a new avenue for expensive litigation against schools and taxpayers by establishing a private cause of action, potentially draining local resources on legal fees.
  • Imposes state-level mandates that could conflict with the rules of private athletic associations or federal funding requirements, potentially jeopardizing the eligibility and financial stability of state athletic programs.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 50 additions

SECTION 1. The general assembly hereby finds that:

(1) 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 hemoglobin," 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, 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 and male Olympic performances since 1983 found that, although athletes from both sexes improved over the time span, the "gender gap" between female and male performances remained stable. "These suggest that women's performances at the high level will never match those of men." Valerie Thibault et al., Women and men in sport performance: The gender gap has not evolved since 1983, 9 Journal of Sports Science and Medicine 214, 219 (2010);

(10) As Duke law professor and All-American track athlete Doriane Coleman, tennis champion Martina Navratilova, and Olympic track gold medalist Sanya Richards-Ross recently wrote: "The evidence is unequivocal that starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would beat the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science," Doriane Coleman, Martina Navratilova, et al., Pass the Equality Act, But Don't Abandon Title IX, Washington Post (Apr. 29, 2019);

(11) The benefits that natural testosterone provides to male athletes is not diminished through the use of puberty blockers and cross-sex hormones. A recent study on the impact of such treatments found that even "after twelve (12) months of hormonal therapy," a man who identifies as a woman and is taking cross-sex hormones "had an absolute advantage" over female athletes and "will still likely have performance benefits" over women, Tommy Lundberg et al., "Muscle strength, size and composition following twelve (12) months of gender-affirming treatment in transgender individuals: retained advantage for the transwomen," Karolinksa Institutet (Sept. 26, 2019); and

(12) Having separate sex-specific teams furthers efforts to promote sex equality. Sex- specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors.

SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter: 16-117-1. Short title. This chapter shall be known and may be cited as the "Fairness in Women's Sports Act". 16-117-2. Designation of athletic teams. Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public school or any public school district activities association or a public institution of higher education or any higher education institution that is a member of the national collegiate athletic association (NCAA), national association of intercollegiate athletics (NAIA), or national junior college athletic association (NJCAA) shall be expressly designated as one of the following based on biological sex:

(1) Males, men, or boys;

(2) Females, women, or girls; or

(3) Coed or mixed.

(i) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(ii) If disputed, a student may establish sex by presenting a signed physician's statement that shall indicate the student's sex based solely on:

(A) The student's internal and external reproductive anatomy;

(B) The student's normal endogenously produced levels of testosterone; and

(C) An analysis of the student's genetic makeup. 16-117-3. 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 solely for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex. 16-117-4. Cause of action.

(a) 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.

(b) 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.

(c) 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.

(d) All civil actions shall 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 attorneys' fees and costs, and any other appropriate relief. 16-117-5. 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.

SECTION 3. This act shall take effect January 1, 2027.