EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0381*
SENATE BILL 381
F1, D5 4lr1133
CF HB 47
By: Senators Carozza, Bailey, Corderman, Jennings, Hershey, Mautz, Ready,
West, Salling, Folden, McKay, Gallion, and Simonaire
Introduced and read first time: January 17, 2024
Assigned to: Education, Energy, and the Environment
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
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEA NINGS 23
INDICATED. 24 2 SENATE BILL 381
(2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOS E 1
BIOLOGICAL SEX IS FE MALE. 2
(3) “STUDENT OF THE MALE S EX” MEANS A STUDENT WHOS E 3
BIOLOGICAL SEX IS MA LE. 4
(B) THIS SECTION APPLIES TO: 5
(1) PUBLIC HIGH SCHOOLS ; AND 6
(2) NONPUBLIC HIGH SCHOOL S WHOSE STUDENT ATHL ETES OR 7
ATHLETIC TEAMS COMPE TE AGAINST STUDENT A THLETES OR ATHLETIC TEAMS 8
FROM PUBLIC HIGH SCH OOLS IN THE STATE. 9
(C) (1) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VA RSITY OR 10
VARSITY ATHLETIC TEA M OR SPORT THAT IS SPONSO RED BY A PUBLIC OR 11
NONPUBLIC HIGH SCHOO L SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 12
FOLLOWING BASED ON B IOLOGICAL SEX: 13
(I) A BOYS’, MALE, OR MEN’S TEAM OR SPORT ; 14
(II) A GIRLS’, FEMALE, OR WOMEN’S TEAM OR SPORT ; OR 15
(III) A COEDUCATIONAL OR MIXE D TEAM OR SPORT . 16
(2) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VA RSITY OR 17
VARSITY ATHLETIC TEA M OR SPORT DESIGNATE D FOR GIRLS, FEMALES, OR WOMEN 18
MAY NOT INCLUDE STUD ENTS OF THE MALE SEX . 19
(D) A GOVERNMENTAL ENTITY , A LICENSING OR ACCR EDITING 20
ORGANIZATION , OR AN ATHLETIC ASSOC IATION OR ORGANIZATI ON MAY NOT ACCEPT 21
A COMPLAINT, CONDUCT AN INVESTIGA TION, OR TAKE ANY OTHER AD VERSE ACTION 22
AGAINST A SCHOOL FOR MAINTAINING SEPARATE INTERSCHOLASTIC OR 23
INTRAMURAL JUNIOR VA RSITY OR VARSITY ATH LETIC TEAMS OR SPORTS F OR 24
STUDENTS OF THE FEMA LE SEX. 25
(E) (1) (I) A STUDENT WHO IS DEPRI VED OF AN ATHLETIC 26
OPPORTUNITY OR SUFFE RS ANY DIRECT OR IND IRECT HARM AS A RESU LT OF A 27
VIOLATION OF THIS SE CTION MAY BRING A CI VIL ACTION AGAINST T HE SCHOOL THE 28
STUDENT ATTENDS. 29
(II) A STUDENT WHO IS SUBJE CT TO RETALIATION OR OTHER 30 SENATE BILL 381 3
ADVERSE ACTION BY A SCHOOL OR AN ATHLETI C ASSOCIATION OR ORG ANIZATION 1
AS A RESULT OF REPOR TING A VIOLATION OF THIS SECTION TO AN E MPLOYEE OR 2
REPRESENTATIVE OF TH E SCHOOL, ATHLETIC ASSOCIATI ON OR ORGANIZATION , OR 3
ANY STATE OR FEDERAL AGEN CY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 4
BRING A CIVIL ACTION AGAINST THE SCHOOL O R ATHLETIC ASSOCIATI ON OR 5
ORGANIZATION . 6
(III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRE CT HARM 7
FROM A GOVERNMENTAL ENTITY, A LICENSING OR ACCRE DITING ORGANIZATION , 8
OR AN ATHLETIC ASSOC IATION OR ORGANIZATI ON AS A RESULT OF A VIOLATION OF 9
THIS SECTION MAY BRI NG A CIVIL ACTION AG AINST THE GOVERNMENT AL ENTITY, 10
LICENSING OR ACCREDI TING ORGANIZATION , OR ATHLETIC ASSOCIAT ION OR 11
ORGANIZATION . 12
(2) A CIVIL ACTION INITIAT ED UNDER THIS SECTIO N MUST BE 13
INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 14
(3) AN INDIVIDUAL WHO PRE VAILS IN A CIVIL ACT ION UNDER THIS 15
SECTION MAY RECOVER : 16
(I) MONETARY DAMAGES , INCLUDING DAMAGES FO R ANY 17
PSYCHOLOGICAL , EMOTIONAL, AND PHYSICAL HARM SU FFERED; 18
(II) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 19
(III) ANY OTHER RELIEF , INCLUDING AN INJUNCT ION, AS THE 20
COURT MAY DETERMINE APPROPRIATE . 21
(F) THIS SECTION MAY BE K NOWN AND CITED AS TH E FAIRNESS IN GIRLS’ 22
SPORTS ACT. 23
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 24
the application thereof to any person or circumstance is held invalid for any reason in a 25
court of competent jurisdiction, the provision shall be construed to give the provision the 26
maximum effect permitted by law unless the provision is held to be absolutely invalid. 27
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 28
the application thereof to any person or circumstance is held invalid for any reason in a 29
court of competent jurisdiction, the invalidity does not affect other provisions or any other 30
application of this Act that can be given effect without the invalid provision or application, 31
and for this purpose the provisions of this Act are declared severable. 32
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33
1, 2024. 34