This bill prohibits males from participating in certain intercollegiate and intramural sports that are designated for females, and creates a cause of action for certain violations regarding gender and sports at the middle school, high school, or postsecondary level.
MIDDLE SCHOOL AND HIGH SCHOOL SPORTS
Present law provides that a student's gender for purposes of participating in public middle school or high school sports must be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate.
Under this bill, if a public school or public charter school violates a policy adopted to enforce the above provision and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student or the student's parents, if the student is a minor, will have a private cause of action for injunctive relief, damages, and other relief, plus costs and attorney fees.
POSTSECONDARY SCHOOL SPORTS
This bill prohibits students of the male sex from participating in intercollegiate or intramural sports that are designated for females and that are sponsored, sanctioned, or operated by a public institution of higher education or by a private institution of higher education whose students compete against public institutions. For purposes of this provision, an institution of higher education must rely upon the sex listed on the student's original birth certificate issued at or near the time of birth.
Under this bill, if an institution of higher education violates the above provision and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student will have a private cause of action for injunctive relief, damages, and other relief, plus costs and including attorney fees.
This bill prohibits a government entity, licensing or accrediting organization, or an athletic organization from taking adverse action against an institution of higher education for maintaining separate intercollegiate or intramural athletic teams for students of the female sex; or retaliating against a student who reports a violation of this bill.
This bill requires each institution of higher education to adopt and enforce a policy to ensure compliance with the provisions of this bill that are applicable to intercollegiate and college intramural sports.
ON APRIL 11, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2153, AS AMENDED.
AMENDMENT #1 deletes the private cause of action on behalf of a student who is denied an athletic opportunity or suffers harm resulting from an institution of higher education allowing males to participate in female athletic teams or sports in violation of this bill.

Statutes affected:
Introduced: 49-6-310
Amended with SA0810 -- 04/11/2022: 49-6-310
Current Version: 49-6-310