North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1249

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
2/13/23  
Engrossed
2/16/23  
Refer
2/17/23  
Refer
3/3/23  
Report Pass
3/31/23  
Enrolled
4/5/23  

Caption

Requiring schools to designate their athletic teams and sports for male, female, or coed participation and limitations on use of governmental property for athletic events.

Impact

In terms of legal ramifications, HB1249 creates explicit provisions that prevent any governmental entity, accrediting organization, or athletic association from taking actions against schools that enforce these designations. This could potentially reduce legal risks for schools maintaining separate female teams, however, it also introduces a landscape that may limit opportunities for transgender or intersex athletes. While supporters see this as a way to protect women's sports, opponents argue this may curtail the rights of non-binary or transgender students to compete fairly.

Summary

House Bill 1249 aims to legislate the designation of interscholastic and intramural athletic teams in North Dakota based on the biological sex of participants. The bill mandates that all athletic teams must expressly be identified as either male, female, or coed. Furthermore, teams specifically designated for females cannot permit participation from male students. This legislation has been introduced in a context where discussions around gender identity in sports are highly relevant, ensuring clarity in the designation process for athletes in public schools and non-profit nonpublic schools competing against public institutions.

Sentiment

The general sentiment surrounding HB1249 is quite polarized. Advocates argue that the bill is essential for preserving fair competition in women's sports, suggesting it will shield female athletes from competing against biological males. Conversely, critics contend that the bill marginalizes transgender individuals and undermines broader efforts towards inclusion in sports. This divide reflects the ongoing national conversation regarding gender identity and athletic participation, imbuing the bill with significant emotional and social implications.

Contention

Notable points of contention include the bill's implications on existing laws that may protect students from discrimination based on gender identity. The stipulation that schools can face no adverse action for maintaining sex-segregated sports raises concerns about the potential pushback against Title IX protections, which aim to prevent discrimination in educational programs and activities. As HB1249 moves through the legislative process, it is likely to further ignite debate over the balance between protecting traditional sports and ensuring equitable treatment for all students, regardless of gender identity.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1489

Requiring institutions of higher education designating athletic teams and sports for male, female, or coed participation.

ND SB2

Student athletics; creating the Save Women's Sports Act; requiring certain athletic teams to be designated based on biological sex. Emergency.

ND SB331

Student athletics; creating the Save Women's Sports Act; requiring designation of certain athletic teams. Effective date. Emergency.

ND SB1007

Student athletics; creating the Save Men's Sports Act; requiring designation of certain athletic teams. Effective date. Emergency.

ND SB1007

Student athletics; creating the Save Men's Sports Act; requiring designation of certain athletic teams. Effective date. Emergency.

ND SB1079

Elementary and secondary schools; athletics, participation in female sports, civil cause of action.

ND HB4546

Recreation: athletics and sports; publicly funded individual sports programs that provide separate programs for males and females; require athletes to be scored according to their biological sex. Creates new act.

ND HB4031

Recreation: athletics and sports; publicly funded individual sports programs that provide separate programs for males and females; require athletes to be scored according to their biological sex. Creates new act.

ND HB06128

An Act Prohibiting Student Athletes Who Were Born As Males From Participating In Women's Interscholastic Athletic Events.

ND HB06213

An Act Prohibiting Student Athletes Who Were Born As Males From Participating In Women's Interscholastic Athletic Events.

Similar Bills

No similar bills found.