Maryland 2022 Regular Session

Maryland House Bill HB757 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0757
6	6
7	7	HOUSE BILL 757
8	8	F1, D5 2lr1981
9	9
10	10	By: Delegates Szeliga, Arikan, Boteler, Chisholm, M. Fisher, Grammer, Kittleman,
11	11	Krebs, Mangione, McComas, Morgan, Parrott, Reilly, Rose, Shoemaker,
12	12	Thiam, and Wivell
13	13	Introduced and read first time: February 3, 2022
14	14	Assigned to: Ways and Means
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Education – Interscholastic and Intramural Teams and Sports – Designation 2
21	21	Based on Biological Sex 3
22	22	(Save Women’s Sports Act) 4
23	23
24	24	FOR the purpose of requiring certain interscholastic and intramural athletic teams or 5
25	25	sports sponsored by certain schools to be expressly designated based on biological 6
26	26	sex; prohibiting certain entities from taking certain adverse actions against a school 7
27	27	or county board of education for maintaining separate interscholastic and intramural 8
28	28	athletic teams and sports for students of the female sex; providing that certain 9
29	29	individuals have the right to bring a civil action under certain circumstances; and 10
30	30	generally relating to interscholastic and intramural teams and sports of public and 11
31	31	nonpublic schools. 12
32	32
33	33	BY adding to 13
34	34	Article – Education 14
35	35	Section 7–129 15
36	36	Annotated Code of Maryland 16
37	37	(2018 Replacement Volume and 2021 Supplement) 17
38	38
39	39	Preamble 18
40	40
41	41	WHEREAS, The General Assembly finds that there are two biological sexes, female 19
42	42	and male, and that a person’s sex is objectively determined by genetics and anatomy 20
43	43	existing at the time of birth; and 21
44	44
45	45	WHEREAS, There are “[i]nherent differences between men and women,” and that 22
46	46	these differences “remain cause for celebration, but not for denigration of the members of 23
47	47	either sex or for artificial constraints on an individual’s opportunity.” United States v. 24
48	48	Virginia, 518 U.S. 515, 533 (1996); and 25 2 HOUSE BILL 757
49	49
50	50
51	51
52	52	WHEREAS, The “inherent differences” between men and women range from 1
53	53	chromosomal and hormonal differences to physiological differences; and 2
54	54
55	55	WHEREAS, Men generally have “denser, stronger bones, tendons, and ligaments” 3
56	56	and “larger hearts, greater lung volume per body mass, a higher red blood cell count, and 4
57	57	higher hemoglobin.” Neel Burton, The Battle of the Sexes, PSYCHOL. TODAY (July 2, 5
58	58	2012), https://www.psychologytoday.com/blog/hide–andseek/201207/the–battle–the–sexes; 6
59	59	and 7
60	60
61	61	WHEREAS, Men also have higher natural levels of testosterone, which affects traits 8
62	62	such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the 9
63	63	development of Type 2 muscle fibers, all of which result in men being able to generate 10
64	64	higher speed and power during physical activity. Doriane Lambelet Coleman, Sex in Sport, 11
65	65	80 LAW AND CONTEMPORARY PROBLEMS 63, 74 (2017) (quoting Gina Kolata, Men, 12
66	66	Women and Speed. 2 Words: Got Testosterone?, N.Y. TIMES (Aug. 21, 2008)); and 13
67	67
68	68	WHEREAS, The biological differences between females and males, especially as they 14
69	69	relate to natural levels of testosterone, “explain the male and female secondary sex 15
70	70	characteristics which develop during puberty and have lifelong effects, including those most 16
71	71	important for success in sport: categorically different strength, speed, and endurance.” 17
72	72	Doriane Lambelet Coleman and Wickliffe Shreve, “Comparing Athletic Performances: The 18
73	73	Best Elite Women to Boys and Men,” Duke Law C enter for Sports Law and Policy, 19
74	74	https://web.law.duke.edu/sports/sex–sport/comparative–athletic–performance/; and 20
75	75
76	76	WHEREAS, While classifications based on sex are generally disfavored, the Supreme 21
77	77	Court has recognized that “sex classifications may be used to compensate women for 22
78	78	particular economic disabilities [they have] suffered, to promote equal employment 23
79	79	opportunity, [and] to advance full development of the talent and capacities of our Nation’s 24
80	80	people.” United States v. Virginia, 518 U.S. 515, 533 (1996) (internal citations and 25
81	81	quotation marks omitted); and 26
82	82
83	83	WHEREAS, One place where sex classifications allow for the “full development of 27
84	84	the talent and capacities of our Nation’s people” is in the context of sports and athletics; 28
85	85	and 29
86	86
87	87	WHEREAS, Courts have recognized that the inherent, physiological differences 30
88	88	between males and females result in different athletic capabilities. See, e.g., Kleczek v. 31
89	89	Rhode Island Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992) (“Because of innate 32
90	90	physiological differences, boys and girls are not similarly situated as they enter athletic 33
91	91	competition.”); Petrie v. Ill. High Sch. Ass’n, 394 N.E.2d 855, 861 (Ill. App. Ct. 1979) (noting 34
92	92	that “high school boys [generally possess physiological advantages over] their girl 35
93	93	counterparts” and that those advantages give them an unfair lead over girls in some sports 36
94	94	like “high school track”); and 37
95	95
96	96	WHEREAS, A recent study of female and male Olympic performances since 1983 38
97	97	found that, although athletes from both sexes improved over the time span, the “gender 39 HOUSE BILL 757 3
98	98
99	99
100	100	gap” between female and male performances remained stable. “These suggest that women’s 1
101	101	performances at the high level will never match those of men.” Valerie Thibault, et al., 2
102	102	Women and men in sport performance: The gender gap has not evolved since 1983, 9 3
103	103	Journal of Sports Science and Medicine 214, 219 (2010); and 4
104	104
105	105	WHEREAS, As Duke Law professor and All–American track athlete Doriane 5
106	106	Coleman, tennis champion Martina Navratilova, and Olympic track gold medalist Sanya 6
107	107	Richards–Ross recently wrote: “The evidence is unequivocal that starting in puberty, in 7
108	108	every sport except sailing, shooting and riding, there will always be significant numbers of 8
109	109	boys and men who would beat the best girls and women in head–to–head competition. 9
110	110	Claims to the contrary are simply a denial of science.” Doriane Coleman, Martina 10
111	111	Navratilova, et al., Pass the Equality Act, But Don’t Abandon Title IX, WASHINGTON 11
112	112	POST (Apr. 29, 2019), https://wapo.st/2VKlNN1; and 12
113	113
114	114	WHEREAS, The benefits that natural testosterone provides to male athletes are not 13
115	115	diminished through the use of puberty blockers and cross–sex hormones. A recent study on 14
116	116	the impact of such treatments found that policies like those of the International Olympic 15
117	117	Committee that require biological males to undergo at least one year of testosterone 16
118	118	suppression before competing in women’s sports do not create a level playing field. “[T]he 17
119	119	reduction in testosterone levels required by many sports federation transgender policies is 18
120	120	insufficient to remove or reduce the male advantage by any meaningful degree.” For 19
121	121	example, “the muscle mass advantage males possess over females, and potentially the 20
122	122	performance implications thereof, are not removed by 12 months of testosterone 21
123	123	suppression.” Instead, the study concluded that “The data presented here demonstrates 22
124	124	that the male physical performance advantage over females, attributed to superior 23
125	125	anthropometric and muscle mass/strength parameters achieved at puberty, is not removed 24
126	126	by the current regimen of testosterone suppression permitting participation of transgender 25
127	127	women in female sports categories. Rather, it appears that the male performance 26
128	128	advantage is largely retained by transgender women and thus remains substantial.” 27
129	129	Hilton, E.N.; Lundberg, T.R. Transgender Women in The Female Category of Sport: Is the 28
130	130	Male Performance Advantage Removed by Testosterone Suppression?. Preprints 2020, 29
131	131	2020050226 (doi: 10.20944/preprints202005.0226.v1); and 30
132	132
133	133	WHEREAS, Having separate sex–specific teams furthers efforts to promote sex 31
134	134	equality. Sex–specific teams accomplish this by providing opportunities for female athletes 32
135	135	to demonstrate their skill, strength, and athletic abilities while also providing them with 33
136	136	opportunities to obtain recognition and accolades, college scholarships, and the numerous 34
137	137	other long–term benefits that flow from success in athletic endeavors; now, therefore, 35
138	138
139	139	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
140	140	That the Laws of Maryland read as follows: 37
141	141
142	142	Article – Education 38
143	143
144	144	7–129. 39
145	145	4 HOUSE BILL 757
146	146
147	147
148	148	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
149	149	INDICATED. 2
150	150
151	151	(2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOS E 3
152	152	BIOLOGICAL SEX IS FEMALE. 4
153	153
154	154	(3) “STUDENT OF THE MALE S EX” MEANS A STUDENT WHOS E 5
155	155	BIOLOGICAL SEX IS MALE. 6
156	156
157	157	(B) THIS SECTION APPLIES TO: 7
158	158
159	159	(1) PUBLIC SCHOOLS ; AND 8
160	160
161	161	(2) NONPUBLIC SCHOOLS WHOSE STUDEN T ATHLETES OR ATHLETIC 9
162	162	TEAMS COMPETE AGAINS T STUDENT ATHLETES OR ATHLETIC TEAMS FROM PUBLIC 10
163	163	SCHOOLS IN THE STATE. 11
164	164
165	165	(C) (1) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR 12
166	166	SPORT THAT IS SPONSORED BY A PUBLI C OR NONPUBLIC SCHOOL SHALL BE 13
167	167	EXPRESSLY DESIGNATED AS ONE OF THE FOLLOW ING BASED ON BIOLOGI CAL SEX: 14
168	168
169	169	(I) A BOYS, MALE, OR MEN’S TEAM OR SPORT ; 15
170	170
171	171	(II) A GIRLS, FEMALE, OR WOMEN’S TEAM OR SPORT ; OR 16
172	172
173	173	(III) A COEDUCATIONAL OR MIXED TEAM OR SPORT . 17
174	174
175	175	(2) AN INTERSCHOLASTIC OR I NTRAMURAL ATHLETIC TEAM OR 18
176	176	SPORT DESIGNATED FOR GIRLS, FEMALES, OR WOMEN MAY NOT INCLUDE STUDENTS 19
177	177	OF THE MALE SEX . 20
178	178
179	179	(D) A GOVERNMENT AL ENTITY, A LICENSING OR ACCREDI TING 21
180	180	ORGANIZATION , OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ACCEPT 22
181	181	A COMPLAINT, CONDUCT AN INVESTIGATION , OR TAKE ANY OTHER AD VERSE ACTION 23
182	182	AGAINST A SCHOOL OR COUNTY BOARD FOR MAINTAINING SEPA RATE 24
183	183	INTERSCHOLASTIC OR I NTRAMURAL ATHLETIC T EAMS OR SPORTS FOR S TUDENTS 25
184	184	OF THE FEMALE SEX . 26
185	185
186	186	(E) (1) (I) A STUDENT WHO IS DEPRI VED OF AN ATHLETIC 27
187	187	OPPORTUNITY OR SUFFE RS ANY DIRECT OR IND IRECT HARM AS A RESU LT OF A 28
188	188	VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE 29
189	189	STUDENT ATTENDS . 30
190	190	HOUSE BILL 757 5
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193	193	(II) A STUDENT WHO IS SUBJE CT TO RETALIATION OR OTHER 1
194	194	ADVERSE ACTION BY A SCHOOL OR AN ATHLETIC ASSOCIATION OR ORGANIZATION 2
195	195	AS A RESULT OF REPOR TING A VIOLATION OF THIS SECTION TO AN EMPLOYEE OR 3
196	196	REPRESENTATIVE OF TH E SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION , OR 4
197	197	ANY STATE OR FEDERAL AGENCY WI TH OVERSIGHT OF SCHO OLS IN THE STATE MAY 5
198	198	BRING A CIVIL ACTION AGAINST THE S CHOOL OR ATHLETIC AS SOCIATION OR 6
199	199	ORGANIZATION . 7
200	200
201	201	(III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRE CT HARM 8
202	202	FROM A GOVERNMENT AL ENTITY, A LICENSING OR ACCREDI TING ORGANIZATION , 9
203	203	OR AN ATHLETIC ASSOCIATION OR ORGANIZATION AS A RESULT OF A VIO LATION OF 10
204	204	THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE G OVERNMENT AL ENTITY, 11
205	205	LICENSING OR ACCREDI TING ORGANIZATION , OR ATHLETIC ASSOCIAT ION OR 12
206	206	ORGANIZATION . 13
207	207
208	208	(2) A CIVIL ACTION INITIATED UNDER THIS SECTION MUST BE 14
209	209	INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 15
210	210
211	211	(3) AN INDIVIDUAL WHO PRE VAILS IN A CIVIL ACT ION UNDER THIS 16
212	212	SECTION MAY RE COVER: 17
213	213
214	214	(I) MONETARY DAMAGES , INCLUDING DAMAGES FOR ANY 18
215	215	PSYCHOLOGICAL , EMOTIONAL, AND PHYSICAL HARM SU FFERED; 19
216	216
217	217	(II) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 20
218	218
219	219	(III) ANY OTHER RELIEF, INCLUDING AN INJUNCT ION, AS THE 21
220	220	COURT MAY DETERMINE APPROPRIATE . 22
221	221
222	222	(F) THIS SECTION MAY BE KNOWN AND CIT ED AS THE SAVE WOMEN’S 23
223	223	SPORTS ACT OR SELINA’S LAW. 24
224	224
225	225	SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
226	226	the application thereof to any person or circumstance is held invalid for any reason in a 26
227	227	court of competent jurisdiction, the provision shall be construed to give the provision the 27
228	228	maximum effect permitted by law unless the provision is held to be absolutely invalid. 28
229	229
230	230	SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 29
231	231	the application thereof to any person or circumstance is held invalid for any reason in a 30
232	232	court of competent jurisdiction, the invalidity does not affect other provisions or any other 31
233	233	application of this Act that can be given effect without the invalid provision or application, 32
234	234	and for this purpose the provisions of this Act are declared severable. 33
235	235	6 HOUSE BILL 757
236	236
237	237
238	238	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
239	239	1, 2022. 2
240	240