Analysis

Synopsis:

 Relates to sports by enacting the Women’s Sports Protection Act and providing for designations of athletic teams based on biological sex, and requiring schools to prohibit male participation on female athletic teams, and prohibiting adverse actions against schools complying with the Women’s Sports Protection Act, and providing for civil causes of action. 

Analysis:

 Entitled the Women’s Sports Protection Act the early Sections of the bill define the differences of male and female anatomic and the biological differences between the sexes. 
Men have higher levels of testosterone which result in higher speed and power during physical activity. Courts have recognized the inherent differences and case law is sited in the bill. Do to innate physiological differences, boys and girls are not similarly situated as they enter athletic competition. 
HB 304 notes that studies have shown the benefit of natural testosterone provided in male athletes are not diminished through the use of testosterone suppression. 
A definition of school is provided to mean a public or private primary school, a secondary school, an institution of higher education or a post-secondary educational institution.
Interscholastic or intramural athletic teams that are sponsored by a school and in which a public school competes shall be expressly designated based on biological sex, as any of the following:(1) a males', men's or boys' team;(2) a females', women's or girls' team; or(3) a coed team. A school that sponsors an athletic team designated for females, women or girls shall not allow participation by students of the biological male sex.
A state agency, political subdivision of the state, a licensing or accrediting organization or an athletic association or organization shall not entertain a complaint, open an investigation or take any other adverse action against school for maintaining separate interscholastic or intramural athletic teams or for prohibiting students of the biological male sex from participating on female athletic teams.
A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a school's violation of the Women's Sports Protection Act shall have a private cause of action against the school for injunctive relief, damages or any other relief available pursuant to law. 
A student who is subjected to retaliation or other adverse action by a school or athletic association or organization as a result of reporting to another person a violation of the Women's Sports Protection Act shall have a private cause of action for injunctive relief, damages or any other relief available pursuant to law against the school or athletic association or organization.
Protection for schools is also included in HB 304, as a violation of the Act is a cause of action against any state agency, athletic association, state licensing or accrediting organization, or political subdivision that violates the Act. The school may seek injunctive relief, damages or other relief.
Any action must be brought within two years, after the harm, retaliation, or adverse action. A person that prevails in an action is entitled to monetary damages including psychological damages, attorney fees which shall be reasonable and any other relief deemed by the court. 

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