Wisconsin Assembly Bill AB378

Wisconsin 2023-2024 Regular Session

• Introduced: 8/11/23
• Refer: 8/11/23
• Report Pass: 10/10/23
• Refer: 10/10/23
• Engrossed: 10/12/23
• Refer: 10/13/23
• Failed: 4/15/24

Caption

Designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants.

Impact

The implications of AB378 are significant for state laws regarding gender participation in athletics. By codifying sex-based designations for sports, the bill seeks to reaffirm traditional gender divisions within sports, which supporters argue protects opportunities for females in competitive environments. Critics, however, express concern that it may limit participation for transgender individuals and non-binary students, potentially leading to legal challenges under broader anti-discrimination laws. This creates an environment of contention that resonates with ongoing national debates surrounding gender identity in sports.

Summary

Assembly Bill 378 mandates that all University of Wisconsin institutions and technical colleges categorize their sports teams and athletic events based on the sex of the participants. The bill defines sex as determined by a physician at birth, explicitly requiring institutions to classify teams as either male, female, or coed. Furthermore, the bill prohibits male students from participating in teams designated for females, a regulation that aims to establish a clear boundary in gender participation within sports. This categorization is intended to align with traditional definitions of sex and aims to standardize athletic designations across the state's educational institutions.

Contention

There is notable contention surrounding the bill, particularly concerning its alignment with the principles of equality and non-discrimination, especially in light of Title IX. Advocates of the bill assert that it is essential for preserving women's sports, while opponents argue that it undermines the inclusivity of athletic programs. The prospect of legal actions against institutions for violations of the designated classifications raises questions about enforcement and the balance of rights among students of different gender identities. This legislation might not only influence how schools handle athletic team categories but also set a precedent for future laws regarding gender and sports.