Alabama 2023 Regular Session

Alabama Senate Bill SB211

Introduced
4/18/23  

Caption

Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm as a result of a violation of this act.

Impact

The impact of SB211 on state laws is significant, as it reinforces and codifies the notion of sex-based participation in sports at all educational levels. The bill is positioned as an affirmation of the need for separate teams to prevent perceived disadvantages that biological males may confer on female athletes due to physical attributes. In practice, this may result in a reshaping of existing policies within schools and sports programs, requiring institutions to comply with these regulations or face potential penalties. The legislation also provides safety nets for schools and students, preventing retaliatory actions against those who adhere to the law or report violations.

Summary

SB211 seeks to amend Section 16-1-52 of the Code of Alabama, establishing strict regulations regarding athletic participation based on biological sex at public K-12 schools and higher education institutions. The bill prohibits biological males from participating on athletic teams designated for females and vice versa. This is grounded in assertions about physical differences between biological males and females, which proponents argue justifies the necessity for sex-segregated teams to ensure fair competition and equal opportunities for female athletes. Supporters maintain that such regulations are crucial for safeguarding the integrity of women's sports and opportunities in athletics.

Contention

The bill has sparked considerable debate, with notable contention surrounding the implications for gender inclusion and equality in sports. Critics argue that SB211 could marginalize transgender athletes, limiting their ability to participate in a manner consistent with their gender identity. Opponents emphasize the importance of inclusivity and point out that such laws could exacerbate existing inequalities within sports. The discussions often highlight the balance between protecting women's sports and ensuring equal rights and opportunities for all athletes, regardless of gender identity. This aspect of the bill's reception complicates discussions around gender equity in athletics, raising moral and social questions alongside the legal stipulations provided.

Companion Bills

No companion bills found.

Previously Filed As

AL SB36

Public K-12 students; public K-12 schools prohibited from denying participation in athletics based on student's transfer status; public K-12 schools prohibited from membership in athletic association that similarly denies participation

AL SB296

Class 1 municipalities, public K-12 schools in prohibited from denying participation in athletics based on student's transfer status

AL HB244

Public K-12 education, discussions of gender identity prohibited in grades preK-12, employees prohibited from displaying flags or insignia relating to sexual orientation or gender identity, employees prohibited from referring to student by pronouns inconsistent with student's biological sex

AL SB129

Diversity, equity, and inclusion; certain public entities prohibited from maintaining office that promotes diversity, equity, and inclusion programs; certain programs related to divisive concepts or diversity, equity, and inclusion, prohibited; promotion and endorsement of certain divisive concepts in certain public settings prohibited; exceptions provided; public institution of higher education, required to designate multioccupancy restrooms based on biological sex

AL HB547

Public K-12 schools; playing nonpublic schools in post-season athletics, membership in certain athletic associations, competition against certain schools; prohibited

AL HB91

Public K-12 schools; membership in certain athletic associations, competition against certain schools prohibited

AL SB82

Public K-12 schools; membership in certain athletic associations, competition against certain schools prohibited

AL HB273

Hunger-Free Campus Act administered by the Alabama Commission on Higher Education, provides for the designation of qualified public two-year and four-year institutions of higher education as hunger free campuses

AL SB343

Public Education, to require the State Department of Education for public K-12 schools, the Alabama Commission on Higher Education for public four-year institutions of higher education, and the Board of Trustees of the Alabama Community College System for public two-year institutions of higher education to summarize and report break/fix rates on school technology devices to Legislature

AL HB621

Teachers' Retirement System of Alabama, future Alabama High School Athletic Association employees prohibited from participating

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