SECTION 1. Legislative findings. The general assembly hereby finds and declares that:
(1) With respect to biological sex, one is either male or female.
(2) A person's sex is determined at fertilization and revealed at birth or, increasingly, in utero.
(3) Biological differences between males and females are determined genetically during embryonic development.
(4) Secondary sex characteristics that develop during puberty generate anatomical divergence beyond the reproductive system, leading to adult body types that are measurably different between sexes.
(5) 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.
(6) In studies of large cohorts of children from six (6) years old, boys typically scored higher than girls on cardiovascular endurance, muscular strength, muscular endurance, and speed/agility, but lower on flexibility.
(7) Physiological differences between males and females relevant to sports performance include a larger body size with more skeletal-muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy.
(8) 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.
(9) There is a sports performance gap between males and females, such that the physiological advantages conferred by biological sex appear, on assessment of performance data, insurmountable.
(10) 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. 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.
(11) Courts have recognized that the inherent, physiological differences between males and females result in different athletic capabilities.
(12) The benefits that natural testosterone provides to male athletes is not diminished through the use of testosterone suppression. A recent study on the impact of such treatments found that policies like those of the International Olympic Committee requiring biological males to undergo at least one year of testosterone suppression before competing in women's sports do not create a level playing field. Rather, the study found male performance advantage over females remains substantial and raises obvious concerns about fair and safe competition.
(13) Having separate sex-specific teams furthers efforts to promote sex equality by providing opportunities for female athletes to demonstrate their skill, strength and athletic abilities while also providing them with opportunities to obtain recognition, 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: 16-91.2-1. Short title. This chapter shall be known and may be cited as the “Save Women's Sports Act”. 16-91.2-2. Definitions. As used in this chapter, the following words shall have the following meaning unless the context shall clearly indicate another or different meaning or intent:
(1) "School" means:
(i) An educational institution that provides instruction in any combination of kindergarten programs or grades one through twelve (12); or
(ii) An institution of higher education. 16-91.2-3. Interscholastic and intramural athletics - designation of teams.
(a) Each interscholastic or intramural athletic team or sport that is sponsored by a public school or a private school whose students or teams compete against a public school shall be expressly designated as one of the following based on the biological sex of the students who participate on the team or in the sport:
(1) "Males", "men" or "boys";
(2) "Females", "women" or "girls"; or
(3) "Coed" or "mixed".
(b) Athletic teams or sports designated for "females", "women" or "girls" shall not be open to students of the male sex.
(c) This chapter does not restrict the eligibility of any student to participate in any interscholastic or intramural athletic team or sport designated as being for "males", "men" or "boys" or designated as "coed" or "mixed". 16-91.2-4. Adverse action prohibited. 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 for maintaining separate interscholastic or intramural athletic teams or sports for students of the female sex. 16-91.2-5. 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 school knowingly violating this chapter shall have a private cause of action for injunctive relief, damages and any other relief available under law against the school.
(b) Any student who is subject to retaliation or another adverse action by a school or an athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the school or the athletic association or organization, or to any state or federal agency with oversight of schools in this state, shall have a private cause of action for injunctive relief, damages and any other relief available under law against the school or the athletic association or organization.
(c) Any school 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, the licensing or accrediting organization or the athletic association or organization. 16-91.2-6. Statute of limitations. All civil actions shall be initiated within two (2) years after the alleged violation of this chapter occurred. A person or organization that prevails on a claim brought pursuant to this chapter is entitled to monetary damages, including damages for any psychological, emotional or physical harm suffered, reasonable attorneys' fees and costs and any other appropriate relief. 16-91.2-7. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, or part directly involved in the controversy in which that judgment shall have been rendered.
SECTION 3. This act shall take effect upon passage.