The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 172 Original 2020 Regular Session Mizell
Proposed law provides for the "Save Women's Sports Act".
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, school board member, postsecondary education management board or 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 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.
Proposed law provides for the following definitions:
(1)"Post secondary education board member" means a person who serves as a board member
or officer for a postsecondary education management board.
(2)"Postsecondary education management board" means a board that govern post secondary
educational institutions.
(3)"School" means a public elementary or secondary school, a nonpublic elementary or
secondary school that receives state funds, a public postsecondary educational institution, or
a nonpublic post secondary educational institution that receives state funds.
(4)"School coach" means a person who is a coach, assistant coach, or volunteer coach of a
school interscholastic or intramural athletic team or sporting event.
(5)"School board" means a school board or school governing authority subject to the provisions
of present law or any nonpublic school governing authority.
(6)"School employee" means a person who is employed by a school or by a school board. (7)"School board member" means a person who serves as a board member or officer for a
school board or school governing authority subject to the provisions of present law or for any
nonpublic school governing authority.
Proposed law provides that the legislature finds and declares all of the following:
(1)Federal law, enacted in 1972, was designed to ensure that women are free from
discrimination on the basis of sex in both education and athletics so that women would be
afforded the opportunity to compete for athletic scholarships and to potentially launch their
own athletic careers after they have completed their education.
(2)The U.S. 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 for artificial constraints on an individual's opportunity.
(3)Inherent differences between men and women 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.
(4)The biological differences between females and males, especially as it relates 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 sport; categorically, they are strength, speed, and endurance generally found in greater
degrees in biological males than biological females.
(5)While classifications based on sex are generally disfavored, the U.S. Supreme Court has
recognized that sex classifications may be used to compensate women for particular
economic disabilities suffered, to promote equal employment opportunity, and to advance
full development of the talent and capacities of our nation's people.
(6)One place where sex classifications allow for the full development of the talent and
capacities of our nation's people is in the context of sports and athletics.
(7)A recent study of female and male Olympic performances found that, although athletes from
both sexes improved over the time span, the gender gap between female and male
performances remained stable. These studies suggest that women's performances at the high
level will never match those of men. 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.
Claims to the contrary are simply a denial of science. (8)The benefits that natural testosterone provides to male athletes is not diminished through the
use of puberty blockers and cross-sex hormones. A recent study on the impact of such
treatments found that even after twelve months of hormonal therapy, a man who identifies
as a woman and is taking cross-sex hormones had an absolute advantage over female athletes
and will still likely have performance benefits over women.
(9)Having separate sex-specific teams furthers efforts to promote sex equality. 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.
Effective August 1, 2020.
(Adds R.S. 4:441-446)