The "Fairness in Women's Sports Act" establishes guidelines for the categorization of athletic teams based on biological sex rather than gender identity. All interscholastic, intercollegiate, intramural, or club sports sponsored by public schools or institutions of higher education must be designated as either male, female, or coed. Teams designated for females will not be open to students of the male sex. In cases of dispute regarding a student's sex, a signed physician's statement will be required, which must include assessments of the student's internal and external reproductive anatomy, normal endogenously produced levels of testosterone, and an analysis of the student's genetic makeup.
The act provides protections for educational institutions against complaints, investigations, or adverse actions solely for maintaining separate teams based on sex. It allows students who are deprived of athletic opportunities or face retaliation due to violations of this act to pursue legal action for injunctive relief, damages, and any other available relief. Additionally, schools or institutions that suffer harm due to violations of this chapter may also seek legal recourse. All civil actions must be initiated within two years after the harm occurred, and prevailing parties are entitled to monetary damages, including for psychological, emotional, and physical harm, as well as reasonable attorneys' fees and costs. The provisions of the act are severable, ensuring that if any part is deemed invalid, the remaining sections will still be effective. This legislation is set to take effect on January 1, 2027.