HASBSB44 TYLERT 3331
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 44 2022 Regular Session Mizell
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
AMUSEMENTS/SPORTS. Provides for the Fairness in Womens Sports Act relative
to a school's ability to offer equal opportunities to each student to participate in team
sporting events on an equal basis. (8/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Removes intramural athletic teams or intramural sports from proposed law.
2. Adds specific statement that proposed law is not to be construed to apply to
an intramural athletic team or intramural sport.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 44 Engrossed 2022 Regular Session Mizell
Proposed law, the "Fairness in Womens Sports Act", requires an athletic team or sporting
event sponsored by an elementary, secondary, or postsecondary educational institution to be
designated, based upon the biological sex of team members, as only one of the following:
(1)A males, boys, or mens team or event only for students who are biological males.
(2)A females, girls, or womens team or event only for students who are biological
females.
(3)A coeducational or mixed team or event for students who are biological males or
biological females.
Proposed law provides for definitions. Proposed law provides that "biological sex" means
a statement of a student's biological sex on the student's official birth certificate which is
entered at or near the time of the student's birth.
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 nothing in proposed law will be construed to restrict the
eligibility of any student to participate in any intercollegiate or interscholastic athletic teams
or sports designated as "males", "men", or "boys" or designated as "coed" or "mixed".
Proposed law provides that the designation of "female" entered on the student's official birth
certificate at or near the time of the student's birth creates a legal presumption that the
student's biological sex is female.
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 shall not to be construed to apply to an intramural athletic team or intramural
sport. HASBSB44 TYLERT 3331
Proposed law prohibits any governmental entity, licensing or accrediting organization, or
athletic association from entertaining a complaint, opening an investigation, or taking any
other adverse action against a school, school board, or postsecondary 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 school, school
board, school coach, school employee, school board member, postsecondary education
management board, or postsecondary education board member that prohibits a biological
male from participating in a female, girls, or womens 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. Proposed law provides that requiring a biological female to compete
against a biological male on a team that is designated as a "female", "girls", or
"womens" team is inherently discriminatory to biological females and is a cognizable
harm under 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, school coach, school employee, school board, school board employee,
school board member, postsecondary education board, or postsecondary education
board member that suffers any direct or indirect harm for prohibiting a biological
male from participating in a female, girls, or womens 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.
Effective August 1, 2022.
(Adds R.S. 4:441-446)
______________________
Thomas L. Tyler
Senate Counsel