EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0047*
HOUSE BILL 47
F1, D5 4lr1132
HB 359/23 – W&M (PRE–FILED) CF 4lr1133
By: Delegates Szeliga, Arikan, Chisholm, Fisher, Grammer, Hutchinson, Kipke,
R. Long, Mangione, McComas, Miller, M. Morgan, T. Morgan, Munoz,
Nawrocki, Schmidt, and Tomlinson
Requested: October 24, 2023
Introduced and read first time: January 10, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Education – Interscholastic and Intramural Junior Varsity and Varsity Teams 2
– Designation Based on Sex 3
(Fairness in Girls’ Sports Act) 4
FOR the purpose of requiring certain interscholastic and intramural junior varsity and 5
varsity athletic teams or sports sponsored by certain schools to be expressly 6
designated based on biological sex; prohibiting certain entities from taking certain 7
adverse actions against a school for maintaining separate interscholastic and 8
intramural junior varsity and varsity athletic teams and sports for students of the 9
female sex; providing that certain individuals have the right to bring a civil action 10
under certain circumstances; and generally relating to interscholastic and 11
intramural junior varsity and varsity teams and sports of public and nonpublic 12
schools. 13
BY adding to 14
Article – Education 15
Section 7–118 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21
7–118. 22
2 HOUSE BILL 47
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOS E 3
BIOLOGICAL SEX IS FE MALE. 4
(3) “STUDENT OF THE MALE S EX” MEANS A STUDENT WHOS E 5
BIOLOGICAL SEX IS MA LE. 6
(B) THIS SECTION APPLIES TO: 7
(1) PUBLIC HIGH SCHOOLS ; AND 8
(2) NONPUBLIC HIGH SCHOOL S WHOSE STUDENT ATHL ETES OR 9
ATHLETIC TEAMS COMPE TE AGAINST STUDENT A THLETES OR ATHLETIC TEAMS 10
FROM PUBLIC HIGH SCH OOLS IN THE STATE. 11
(C) (1) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VA RSITY OR 12
VARSITY ATHLETIC TEA M OR SPORT THAT IS S PONSORED BY A PUBLIC OR 13
NONPUBLIC HIGH SCHOO L SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 14
FOLLOWING BASED ON B IOLOGICAL SEX: 15
(I) A BOYS’, MALE, OR MEN’S TEAM OR SPORT; 16
(II) A GIRLS’, FEMALE, OR WOMEN’S TEAM OR SPORT ; OR 17
(III) A COEDUCATIONAL OR MIX ED TEAM OR SPORT . 18
(2) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VA RSITY OR 19
VARSITY ATHLETIC TEA M OR SPORT DESIGNATE D FOR GIRLS, FEMALES, OR WOMEN 20
MAY NOT INCLUDE STUDENTS OF TH E MALE SEX. 21
(D) A GOVERNMENTAL ENTITY , A LICENSING OR ACCRE DITING 22
ORGANIZATION , OR AN ATHLETIC ASSOC IATION OR ORGANIZATI ON MAY NOT ACCEPT 23
A COMPLAINT, CONDUCT AN INVESTIGA TION, OR TAKE ANY OTHER AD VERSE ACTION 24
AGAINST A SCHOOL FOR MAINTAINING SEPARATE IN TERSCHOLASTIC OR 25
INTRAMURAL JUNIOR VA RSITY OR VARSITY ATH LETIC TEAMS OR SPORT S FOR 26
STUDENTS OF THE FEMA LE SEX. 27
(E) (1) (I) A STUDENT WHO IS DEPRI VED OF AN ATHLETIC 28
OPPORTUNITY OR SUFFE RS ANY DIRECT OR IND IRECT HARM AS A RESU LT OF A 29
VIOLATION OF THIS SECT ION MAY BRING A CIVI L ACTION AGAINST THE SCHOOL THE 30
STUDENT ATTENDS . 31 HOUSE BILL 47 3
(II) A STUDENT WHO IS SUBJE CT TO RETALIATION OR OTHER 1
ADVERSE ACTION BY A SCHOOL OR AN ATHLETI C ASSOCIATION OR ORG ANIZATION 2
AS A RESULT OF REPOR TING A VIOLATION OF THIS SECTION TO AN E MPLOYEE OR 3
REPRESENTATIVE OF TH E SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION , OR 4
ANY STATE OR FEDERAL AGEN CY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 5
BRING A CIVIL ACTION AGAINST THE SCHOOL O R ATHLETIC ASSOCIATI ON OR 6
ORGANIZATION . 7
(III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRE CT HARM 8
FROM A GOVERNMENTAL ENTITY, A LICENSING OR ACCRE DITING ORGANIZATION , 9
OR AN ATHLETIC ASSOC IATION OR ORGANIZATI ON AS A RESULT OF A VIOLATION OF 10
THIS SECTION MAY BRI NG A CIVIL ACTION AG AINST THE GOVER NMENTAL ENTITY , 11
LICENSING OR ACCREDI TING ORGANIZATION , OR ATHLETIC ASSOCIAT ION OR 12
ORGANIZATION . 13
(2) A CIVIL ACTION INITIAT ED UNDER THIS SECTIO N MUST BE 14
INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 15
(3) AN INDIVIDUAL WHO PRE VAILS IN A CIVIL ACT ION UNDER THIS 16
SECTION MAY RECOVER : 17
(I) MONETARY DAMAGES , INCLUDING DAMAGES FO R ANY 18
PSYCHOLOGICAL , EMOTIONAL, AND PHYSICAL HARM SU FFERED; 19
(II) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 20
(III) ANY OTHER RELIEF , INCLUDING AN INJUNCT ION, AS THE 21
COURT MAY DETERMINE APPROP RIATE. 22
(F) THIS SECTION MAY BE K NOWN AND CITED AS TH E FAIRNESS IN GIRLS’ 23
SPORTS ACT. 24
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
the application thereof to any person or circumstance is held invalid for any reason in a 26
court of competent jurisdiction, the provision shall be construed to give the provision the 27
maximum effect permitted by law unless the provision is held to be absolutely invalid. 28
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provi sion of this Act or 29
the application thereof to any person or circumstance is held invalid for any reason in a 30
court of competent jurisdiction, the invalidity does not affect other provisions or any other 31
application of this Act that can be given effect without the invalid provision or application, 32
and for this purpose the provisions of this Act are declared severable. 33
4 HOUSE BILL 47
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2