Maryland House Bill HB359

Maryland 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23
• Report Pass: 2/20/23

Caption

Education – Interscholastic and Intramural Junior Varsity and Varsity Teams and Sports – Designation Based on Sex (Save Women’s Sports Act)

Impact

The impact of HB359 on state laws involves reinforcing the legal recognition of biological sex in the realm of school sports. It prohibits retaliation against schools or school boards that adhere to these regulations. As a result, it potentially alters existing policies that may have permitted transgender women to compete in women's sports categories. The legislation could lead to an increase in legal battles surrounding who qualifies as a female athlete, as it opens the door for civil actions against schools for perceived violations, establishing a legal framework that may complicate the participation rights of transgender individuals in athletics.

Summary

House Bill 359, known as the Save Women's Sports Act, aims to designate athletic teams in public and nonpublic high schools based on the biological sex of students. Specifically, it mandates that these teams be designated as either male or female, precluding individuals designated as male from participating on teams meant for girls or women. This legislation is rooted in the belief that inherent biological differences justify segregating athletic competition based on sex, particularly in contexts where performance discrepancies have been observed between male and female athletes.

Contention

A notable point of contention surrounding HB359 lies in its implications for transgender athletes and the broader discourse on gender identity and rights. Proponents argue that the biological advantages present in male athletes undermine fair competition in women's sports, while opponents contend that the bill perpetuates discrimination against transgender individuals and impedes their rights to compete. Critics also raise concerns regarding the societal message this bill sends about inclusivity and the acceptance of diverse gender identities within sports, arguing it may foster a hostile environment for young athletes who do not conform to traditional gender norms.