Vote Smart's Synopsis:

Vote to override a veto and pass a bill that prohibits transgender athletes from participating against sports teams that do not match their biological sex.

Highlights:

• Defines “post-secondary education board member” to mean a person who serves as a board member or officer of a post-secondary education management board (Sec. 1).

• Defines “post-secondary education management board” to mean a board that governs post-secondary educational institutions (Sec. 1).

• Defines “schools” to mean all of the following (Sec. 1):

• A public elementary or secondary school;

• A nonpublic elementary or secondary school that receives state funds;

• A public postsecondary educational institution; or

• A nonpublic postsecondary educational institution that receives state funds.

• Defines “school coach” to mean a person who is a coach or assistant coach, whether paid or on a volunteer basis, of a school intercollegiate, interscholastic or intramural athletic team or sporting event (Sec. 1).

• Defines “school board” to mean a school board or school governing authority subject to the provisions of R.S. 17:81 or any nonpublic school governing authority (Sec. 1).

• Defines “school employee” to mean a person who is employed by a school, a school board, a post-secondary education management board, or any post-secondary institution under the authority of a post-secondary education management board (Sec. 1).

• Defines “school board member” to mean a person who serves as a board member or officer for a school board or school governing authority subject to the provisions of R.S. 17:81 or for any nonpublic school governing authority (Sec. 1).

• Defines “inherent differences between men and women” to range from chromosomal and hormonal differences to physiological differences resulting in men generally having denser and stronger bones, tendons, and ligaments, larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher hemoglobin as well as 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 II muscle fibers, all of which result in men being able to generate higher speed and power during physical activity (Sec. 1).

• Specifies that the United States Supreme Court has recognized that 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 artificial constraints on an individual's opportunity” in United States v. Virginia, et al., 518 U.S. 515, 533 (1996) (Sec. 1).

• Establishes that the biological differences between females and males, especially as they relate 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 sports; categorically, they are strength, speed, and endurance generally found in greater degrees in biological males than biological females (Sec. 1).

• Specifies that while classifications based on sex are generally disfavored, the United States Supreme Court has recognized that “Sex classifications may be used to compensate women “for particular economic disabilities they have suffered,” Califano v. Webster, 430 U.S. 313, 320 (1977)(per curiam), to “promote equal employment opportunity,” see California Fed. Sav. & Loan Assn. v. Guerra, 479 U.S. 272, 289 (1987), to advance full development of the talent and capacities of our Nation's people” in United States v. Virginia, et al., 518 U.S. 515, 533-534 (1996) (Sec. 1).

• Specifies that in furtherance of the goals outlined in United States v. Virginia, et al., 518 U.S. at 533-534, one area where sex classifications should allow for the “full development of the talent and capacities of our Nation's people” is in the area of sports and athletics (Sec. 1).

• Specifies that a recent study of female and male Olympic performances found that, although athletes from both sexes improved over the period, the “gender gap” between female and male performances remained stable and these studies suggest that women's performances at a high level will never match those of men as 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 prevail over the best girls and women in head-to-head competition (Sec. 1).

• Establishes that scientific studies have shown that the benefits that natural testosterone provides to male athletes is not diminished through the use of testosterone suppression and a recent study on the impact of such treatments found that, even after 12 months of testosterone suppression, the “superior anthropometric, muscle mass and strength parameters achieved by males at puberty, and underpinning a considerable portion of the male performance advantage over females, are not removed” (Sec. 1).

• Specifies that having separate sex-specific teams furthers efforts to promote sex equality and that 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, accolades, scholarships, better physical and mental health, and the numerous other long-term benefits that flow from success in athletic endeavors (Sec. 1).

• Establishes that intercollegiate, interscholastic, or intramural athletic teams or sporting events that are sponsored by a school and that receive state funding are to be expressly designated, based upon biological sex, as only one of the following (Sec. 1):

• A male, boys', or men's team or event is to be for those students who are biological males;

• A female, girls', or women's team or event is to be for those students who are biological females; and

• A coeducational or mixed team or event is to be open for participation by biological females and biological males.

• Establishes that athletic teams or sporting events designated for females, girls, or women are not to be open to students who are not biologically female (Sec. 1).

• Specifies that nothing in this Chapter is to be construed to restrict the eligibility of any student to participate in any intercollegiate, interscholastic, or intramural athletic teams or sports designated as “males,” “men,” or “boys,” or designated as "coed", or “mixed” (Sec. 1).

• Specifies that nothing in this Chapter is intended to prevent any school from implementing or maintaining a coeducational or mixed athletic team or sporting event which is open to both biological males and biological females so long as a female, girls', or women's athletic team or sporting event is not disbanded to create a coeducational or mixed team or event which would thereby result to the detriment of students of the female biological sex (Sec. 1).

• Establishes that no government entity, licensing or accrediting organization, or athletic association are to entertain a complaint, open an investigation, or take any other adverse action against a school, school board, or post-secondary education management board for maintaining a separate intercollegiate, interscholastic, or intramural athletic team or athletic event reserved for students of the female biological sex (Sec. 1).

• Specifies that no cause of action may be maintained against any school coach, school, school board, an employee of a school or school board, school board member, or post-secondary education board member who prohibits a biological male from participating in a female, girls', or women's athletic team or sporting event according to the requirements of this law (Sec. 1).

• Establishes that a biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this law may assert that violation as a cause of action for remedies provided for in Subsection D of this Section and that requiring a biological woman to compete against a biological male on a team that is designated as a “female,” “girls,’” or “women's” team is inherently discriminatory to biological women and is cognizable harm to biological women under this Chapter (Sec. 1).

• Specifies that a biological female student who is subjected to retaliation or other adverse action by a school, athletic association, or other organization as a result of reporting a violation of this law to an employee or representative of the school, athletic association, or any local, state, or federal agency with oversight of schools are to have a cause of action for remedies (Sec. 1).

• Establishes that a school coach, school, school board, or employee of a school or school board, school board member, or post-secondary education board member who suffers any direct or indirect harm for prohibiting a biological male from participating in a female, girls’, or women’s athletic team or sporting event according to the requirements of this law are to have a cause of action fo remedies (Sec. 1).

• Specifies that any person who brings a cause of action according to this law may obtain appropriate relief, including but not limited to the following (Sec. 1):

• Injunctive relief, protective order, writ of mandamus or a prohibition, or declaratory relief to prevent any violation of this Chapter; and

• Actual damages, reasonable attorney fees, and costs.

• Specifies that all civil actions under this Chapter must be initiated within two years from the date that the harm occurred (Sec. 1).

• Establishes that if any provision or item of this Act, or the application thereof, is held invalid, such invalidity is not to affect other provisions, items, or applications of the Act which can be given effect without the invalid provision, item, or application and to this end, the provisions of this Act are hereby declared severable (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto and pass a bill that prohibits transgender athletes from participating against sports teams that do not match their biological sex.

Highlights:

• Defines “post-secondary education board member” to mean a person who serves as a board member or officer of a post-secondary education management board (Sec. 1).

• Defines “post-secondary education management board” to mean a board that governs post-secondary educational institutions (Sec. 1).

• Defines “schools” to mean all of the following (Sec. 1):

• A public elementary or secondary school;

• A nonpublic elementary or secondary school that receives state funds;

• A public postsecondary educational institution; or

• A nonpublic postsecondary educational institution that receives state funds.

• Defines “school coach” to mean a person who is a coach or assistant coach, whether paid or on a volunteer basis, of a school intercollegiate, interscholastic or intramural athletic team or sporting event (Sec. 1).

• Defines “school board” to mean a school board or school governing authority subject to the provisions of R.S. 17:81 or any nonpublic school governing authority (Sec. 1).

• Defines “school employee” to mean a person who is employed by a school, a school board, a post-secondary education management board, or any post-secondary institution under the authority of a post-secondary education management board (Sec. 1).

• Defines “school board member” to mean a person who serves as a board member or officer for a school board or school governing authority subject to the provisions of R.S. 17:81 or for any nonpublic school governing authority (Sec. 1).

• Defines “inherent differences between men and women” to range from chromosomal and hormonal differences to physiological differences resulting in men generally having denser and stronger bones, tendons, and ligaments, larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher hemoglobin as well as 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 II muscle fibers, all of which result in men being able to generate higher speed and power during physical activity (Sec. 1).

• Specifies that the United States Supreme Court has recognized that 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 artificial constraints on an individual's opportunity” in United States v. Virginia, et al., 518 U.S. 515, 533 (1996) (Sec. 1).

• Establishes that the biological differences between females and males, especially as they relate 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 sports; categorically, they are strength, speed, and endurance generally found in greater degrees in biological males than biological females (Sec. 1).

• Specifies that while classifications based on sex are generally disfavored, the United States Supreme Court has recognized that “Sex classifications may be used to compensate women “for particular economic disabilities they have suffered,” Califano v. Webster, 430 U.S. 313, 320 (1977)(per curiam), to “promote equal employment opportunity,” see California Fed. Sav. & Loan Assn. v. Guerra, 479 U.S. 272, 289 (1987), to advance full development of the talent and capacities of our Nation's people” in United States v. Virginia, et al., 518 U.S. 515, 533-534 (1996) (Sec. 1).

• Specifies that in furtherance of the goals outlined in United States v. Virginia, et al., 518 U.S. at 533-534, one area where sex classifications should allow for the “full development of the talent and capacities of our Nation's people” is in the area of sports and athletics (Sec. 1).

• Specifies that a recent study of female and male Olympic performances found that, although athletes from both sexes improved over the period, the “gender gap” between female and male performances remained stable and these studies suggest that women's performances at a high level will never match those of men as 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 prevail over the best girls and women in head-to-head competition (Sec. 1).

• Establishes that scientific studies have shown that the benefits that natural testosterone provides to male athletes is not diminished through the use of testosterone suppression and a recent study on the impact of such treatments found that, even after 12 months of testosterone suppression, the “superior anthropometric, muscle mass and strength parameters achieved by males at puberty, and underpinning a considerable portion of the male performance advantage over females, are not removed” (Sec. 1).

• Specifies that having separate sex-specific teams furthers efforts to promote sex equality and that 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, accolades, scholarships, better physical and mental health, and the numerous other long-term benefits that flow from success in athletic endeavors (Sec. 1).

• Establishes that intercollegiate, interscholastic, or intramural athletic teams or sporting events that are sponsored by a school and that receive state funding are to be expressly designated, based upon biological sex, as only one of the following (Sec. 1):

• A male, boys', or men's team or event is to be for those students who are biological males;

• A female, girls', or women's team or event is to be for those students who are biological females; and

• A coeducational or mixed team or event is to be open for participation by biological females and biological males.

• Establishes that athletic teams or sporting events designated for females, girls, or women are not to be open to students who are not biologically female (Sec. 1).

• Specifies that nothing in this Chapter is to be construed to restrict the eligibility of any student to participate in any intercollegiate, interscholastic, or intramural athletic teams or sports designated as “males,” “men,” or “boys,” or designated as "coed", or “mixed” (Sec. 1).

• Specifies that nothing in this Chapter is intended to prevent any school from implementing or maintaining a coeducational or mixed athletic team or sporting event which is open to both biological males and biological females so long as a female, girls', or women's athletic team or sporting event is not disbanded to create a coeducational or mixed team or event which would thereby result to the detriment of students of the female biological sex (Sec. 1).

• Establishes that no government entity, licensing or accrediting organization, or athletic association are to entertain a complaint, open an investigation, or take any other adverse action against a school, school board, or post-secondary education management board for maintaining a separate intercollegiate, interscholastic, or intramural athletic team or athletic event reserved for students of the female biological sex (Sec. 1).

• Specifies that no cause of action may be maintained against any school coach, school, school board, an employee of a school or school board, school board member, or post-secondary education board member who prohibits a biological male from participating in a female, girls', or women's athletic team or sporting event according to the requirements of this law (Sec. 1).

• Establishes that a biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this law may assert that violation as a cause of action for remedies provided for in Subsection D of this Section and that requiring a biological woman to compete against a biological male on a team that is designated as a “female,” “girls,’” or “women's” team is inherently discriminatory to biological women and is cognizable harm to biological women under this Chapter (Sec. 1).

• Specifies that a biological female student who is subjected to retaliation or other adverse action by a school, athletic association, or other organization as a result of reporting a violation of this law to an employee or representative of the school, athletic association, or any local, state, or federal agency with oversight of schools are to have a cause of action for remedies (Sec. 1).

• Establishes that a school coach, school, school board, or employee of a school or school board, school board member, or post-secondary education board member who suffers any direct or indirect harm for prohibiting a biological male from participating in a female, girls’, or women’s athletic team or sporting event according to the requirements of this law are to have a cause of action fo remedies (Sec. 1).

• Specifies that any person who brings a cause of action according to this law may obtain appropriate relief, including but not limited to the following (Sec. 1):

• Injunctive relief, protective order, writ of mandamus or a prohibition, or declaratory relief to prevent any violation of this Chapter; and

• Actual damages, reasonable attorney fees, and costs.

• Specifies that all civil actions under this Chapter must be initiated within two years from the date that the harm occurred (Sec. 1).

• Establishes that if any provision or item of this Act, or the application thereof, is held invalid, such invalidity is not to affect other provisions, items, or applications of the Act which can be given effect without the invalid provision, item, or application and to this end, the provisions of this Act are hereby declared severable (Sec. 2).

Full Bill Text

Vetoed by Governor John Bel Edwards