RÉSUMÉ DIGEST
ACT 283 (SB 44) 2022 Regular Session Mizell
New law enacts 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.
New law provides for definitions. New 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.
New law prohibits a team designated for females, girls, or women from being open to
students who are not biologically female.
New law provides that nothing in new 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".
New law provides that nothing in new 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.
New law provides that nothing in new law shall be construed to apply to an intramural
athletic team or intramural sport.
New 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 new law.
New 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 new law.
New law provides that certain persons are entitled to legal causes of action and legal
remedies under new 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 new
law. New law provides that requiring a biological female to compete against a
biological male on a team that is designated as a "females", "girls", or "womens"
team is inherently discriminatory to biological females and is a cognizable harm
under new 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 new 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 females, girls, or womens athletic team or sporting
event.
New law provides that any person who is entitled to bring a cause of action 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 new law.
(2)Actual damages suffered, reasonable attorney fees, and costs.
New law provides that any civil action pursuant to new law must be initiated within two
years from the date that the harm occurred.
Effective August 1, 2022.
(Adds R.S. 4:441-446)