HLS 20RS-138 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 466
BY REPRESENTATIVE AMEDEE
AMUSEMENTS/SPORTS: Provides relative to the gender of members of school athletic
teams
1 AN ACT
2To enact Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 4:441 through 446, relative to school athletic programs and sporting events;
4 to require that schools designate interscholastic or intramural athletic teams
5 according to the biological sex of the students; to provide that teams that are
6 designated for females are not open to participation by biological males; to provide
7 protections for schools from adverse actions by licensing or accrediting
8 organizations; to provide for causes of action; to provide for legislative findings; to
9 provide for definitions; to provide for remedies; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, to be
12comprised of R.S. 4:441 through 446, is hereby enacted to read as follows:
13 CHAPTER 7-A. SAVE WOMEN'S SPORTS ACT
14 §441. Short title
15 This Chapter shall be known as and may be cited as the "Save Women's
16 Sports Act".
17 §442. Legislative findings
18 The legislature finds and declares that:
19 A. Title IX of the Education Amendments Act of 1972, 20 U.S.C. §1681 et
20 seq., was designed to ensure that women are free from discrimination on the basis
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1 of sex in both education and athletics so that women would be afforded the
2 opportunity to compete for athletic scholarships and to potentially launch their own
3 athletic careers after they have completed their education.
4 B. The United States Supreme Court has recognized that there are
5 "'[i]nherent differences' between men and women", and that these differences
6 "remain cause for celebration, but not for denigration of the members of either sex
7 or for artificial constraints on an individual's opportunity" in United States v.
8 Virginia, et al, 518 U.S. 515, 533 (1996).
9 C. Inherent differences between men and women range from chromosomal
10 and hormonal differences to physiological differences resulting in men generally
11 having denser and stronger bones, tendons, and ligaments, larger hearts, greater lung
12 volume per body mass, a higher red blood cell count, and higher hemoglobin as well
13 as higher natural levels of testosterone, which affects traits such as hemoglobin
14 levels, body fat content, the storage and use of carbohydrates, and the development
15 of Type II muscle fibers, all of which result in men being able to generate higher
16 speed and power during physical activity.
17 D. The biological differences between females and males, especially as it
18 relates to natural levels of testosterone, explain the male and female secondary sex
19 characteristics which develop during puberty and have lifelong effects, including
20 those most important for success in sport; categorically, they are strength, speed, and
21 endurance generally found in greater degrees in biological males than biological
22 females.
23 E. While classifications based on sex are generally disfavored, the United
24 States Supreme Court has recognized that "sex classifications may be used to
25 compensate women for particular economic disabilities suffered, to promote equal
26 employment opportunity, (and) to advance full development of the talent and
27 capacities of our Nation's people" in United States v. Virginia, et al, 518 U.S. 515,
28 533-534 (1996).
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1 F. In furtherance of the goals set forth in United States v. Virginia, et al,
2 supra, 518 U.S. at 533-534, one area where sex classifications should allow for the
3 "full development of the talent and capacities of our Nation's people", is in the area
4 of sports and athletics.
5 G. A recent study of female and male Olympic performances found that,
6 although athletes from both sexes improved over the time span, the "gender gap"
7 between female and male performances remained stable. These studies suggest that
8 women's performances at the high level will never match those of men. The
9 evidence is unequivocal that starting in puberty, in every sport except sailing,
10 shooting, and riding, there will always be significant numbers of boys and men who
11 would prevail over the best girls and women in head-to-head competition. Claims
12 to the contrary are simply a denial of science.
13 H. Scientific studies have established that the benefits that natural
14 testosterone provides to male athletes is not diminished through the use of puberty
15 blockers and cross-sex hormones. A recent study on the impact of such treatments
16 found that even after twelve months of hormonal therapy, a man who identifies as
17 a woman and is taking cross-sex hormones had an absolute advantage over female
18 athletes and will still likely have performance benefits over women.
19 I. Having separate sex-specific teams furthers efforts to promote sex
20 equality. Sex-specific teams accomplish this by providing opportunities for female
21 athletes to demonstrate their skill, strength, and athletic abilities while also providing
22 them with opportunities to obtain recognition, accolades, scholarships, better
23 physical and mental health, and the numerous other long-term benefits that flow
24 from success in athletic endeavors.
25 §443. Definitions
26 In this Chapter, unless otherwise indicated, the following definitions shall
27 apply:
28 (1) "Post secondary education board member" means a person who serves
29 as a board member or officer for a postsecondary education management board.
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1 (2) "Postsecondary education management board" means a board which
2 governs postsecondary educational institutions, pursuant to R.S. 17:3351.
3 (3) "School" means all of the following:
4 (a) A public elementary or secondary school.
5 (b) A nonpublic elementary or secondary school that receives state funds.
6 (c) A public postsecondary educational institution.
7 (d) A nonpublic postsecondary educational institution that receives state
8 funds.
9 (4) "School coach" means a person who is a coach, assistant coach, or
10 volunteer coach of a school interscholastic or intramural athletic team or sporting
11 event.
12 (5) "School board" means a school board or school governing authority
13 subject to the provisions of R.S. 17:81 or any nonpublic school governing authority.
14 (6) "School employee" means a person who is employed by a school, a
15 school board, a postsecondary education management board, or any postsecondary
16 institution under the authority of a postsecondary education management board.
17 (7) "School board member" means a person who serves as a board member
18 or officer for a school board or school governing authority subject to the provisions
19 of R.S. 17:81 or for any nonpublic school governing authority.
20 §444. Designation of athletic teams
21 A. Interscholastic or intramural athletic teams or sporting events that are
22 sponsored by a school shall be expressly designated, based upon biological sex, as
23 one of the following:
24 (1) A male, boys', or men's team or event shall be for those students who are
25 biological males.
26 (2) A female, girls', or women's team or event shall be for those students who
27 are biological females.
28 (3) A coeducational or mixed team or event shall be open for participation
29 by biological females and biological males.
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1 B. Athletic teams or sporting events designated for females, girls, or women
2 shall not be open to students who are not biologically female.
3 C. If a dispute arises as to the biological sex of a student who participates or
4 desires to participate on a female, girls', or women's school athletic team or in a
5 school sporting event, the student's biological sex may be established by a signed
6 physician's statement completed by the student's family medical doctor or other
7 physician of the student's choice, which shall indicate the student's biological sex
8 based solely upon all of the following:
9 (1) The student's internal and external reproductive anatomy.
10 (2) The student's normal endogenously produced levels of testosterone.
11 (3) An analysis of the student's genetic makeup.
12 D. Nothing in this Chapter is intended to prevent any school from
13 implementing or maintaining a coeducational or mixed athletic team or sporting
14 event which is open to both biological males and biological females so long as a
15 female, girls', or women's athletic team or sporting event is not disbanded for the
16 purpose of creating a coeducational or mixed team or event which would thereby
17 result to the detriment of students of the female biological sex.
18 §445. Protection of educational institutions; limitation on liability
19 A. No government entity, nor any licensing or accrediting organization, nor
20 any athletic association shall entertain a complaint, open an investigation, or take any
21 other adverse action against a school, school board, or postsecondary education
22 management board for maintaining a separate interscholastic or intramural athletic
23 team or athletic event that are reserved for students of the female biological sex.
24 B. No cause of action may be maintained against any school coach, school,
25 school board, employee of a school or school board, or board member of a school
26 board that prohibits a biological male from participating in a female, girls', or
27 women's athletic team or sporting event pursuant to the requirements of this Chapter.
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1 §446. Remedies; cause of action
2 A. A biological female student who is deprived of an athletic opportunity or
3 suffers or is likely to suffer from any direct or indirect harm as a result of a violation
4 of this Chapter may assert that violation as a cause of action for remedies provided
5 for in Subsection D of this Section.
6 B. A biological female student who is subjected to retaliation or other
7 adverse action by a school, athletic association, or other organization as a result of
8 reporting a violation of this Chapter to an employee or representative of the school,
9 athletic association, or to any local, state, or federal agency with oversight of schools
10 shall have a cause of action for remedies provided for in Subsection D of this
11 Section.
12 C. A school coach, school, school board, or employee of a school or school
13 board, or board member of a school board that suffers any direct or indirect harm for
14 prohibiting a biological male from participating in a female, girls', or women's
15 athletic team or sporting event pursuant to the requirements of this Chapter shall
16 have a cause of action for remedies provided for in Subsection D of this Section.
17 D. Any person who brings a cause of action pursuant to this Chapter may
18 obtain appropriate relief, including but not limited to:
19 (1) Injunctive relief, protective order, writ of mandamus or prohibition, or
20 declaratory relief to prevent any violation of this Chapter.
21 (2) Actual damages, reasonable attorney fees, and costs.
22 E. All civil actions under this Chapter must be initiated within two years
23 from the date that the harm occurred.
24 Section 2. If any provision or item of this Act, or the application thereof, is held
25invalid, such invalidity shall not affect other provisions, items, or applications of the Act
26which can be given effect without the invalid provision, item, or application and to this end
27the provisions of this Act are hereby declared severable.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 466 Original 2020 Regular Session Amedee
Abstract: Provides relative to the gender of members of school athletics teams.
Proposed law requires that an athletic team or sporting event sponsored by a school will be
designated, based upon the biological sex of team members, as one of the following:
(1)A team for males, boys, or men, which means that it is for students who are
biological males.
(2)A team for females, girls, or women, which means that it is for students who are
biological females.
(3)A team that is coeducational or mixed, which means that is for both students who are
biological males and biological females.
Proposed law prohibits a team designated for females, girls, or women from being open to
students who are not biologically female.
Proposed law provides that if a student's sex is disputed, the student may establish biological
sex by a signed physician's statement completed by the student's family medical doctor or
other physician of the student's choice, which verifies the student's biological sex based
solely upon the student's internal and external reproductive anatomy, the student's normal
endogenously produced levels of testosterone, and an analysis of the student's genetic
makeup.
Proposed law provides that nothing in proposed law is intended to prevent any school from
implementing or maintaining a coed athletic team or sporting event which is open to both
biological males and biological females so long as a female athletic team or sporting event
is not disbanded for the purpose of creating a coed team or event which would thereby result
to the detriment of biological female students.
Proposed law prohibits any governmental entity or athletic association from entertaining a
complaint, opening an investigation, or taking any other adverse action against a school,
school board, or post secondary education management board for maintaining separate teams
for females and males as provided by proposed law.
Proposed law provides that no cause of action may be maintained against any coach, school,
school board, school employee, or school board member, that prohibits a biological male
from participating in a female, girls', or women's athletic team or sporting event pursuant to
the requirements of proposed law.
Proposed law provides that certain persons are entitled to legal causes of action and legal
remedies under proposed law as follows:
(1)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
proposed law.
(2)Any 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
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violation of proposed law to an employee or representative of the school, athletic
association, or to any local, state, or federal agency with oversight of schools.
(3)Any school coach, school, school board, employee of a school or school board, or
board member of a school board that suffers any direct or indirect harm for
prohibiting a biological male from participating in a girls' or women's athletic team
or sporting event.
Proposed law provides that any person who is entitled to bring a cause of action pursuant to
proposed law may obtain the following relief:
(1)A court ordered injunction, a protective order, a writ of mandamus or prohibition, or
a declaratory judgment to prevent any violation of proposed law.
(2)Actual damages suffered, reasonable attorney fees, and costs.
Proposed law provides that any civil action pursuant to proposed law must be initiated within
two years from the date that the harm occurred.
(Adds R.S. 4:441-446)
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