EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0588*
SENATE BILL 588
F1, D5 5lr1426
SB 381/24 – EEE
By: Senators Carozza, Bailey, Gallion, Mautz, and Watson
Introduced and read first time: January 23, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Education – Interscholastic and Intramural Junior Varsity and Varsity Teams 2
and Sports – Designation 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 in a certain manner; prohibiting certain interscholastic and intramural 7
junior varsity and varsity athletic teams or sports from including certain students; 8
prohibiting certain entities from taking certain adverse actions against a school for 9
maintaining separate interscholastic and intramural junior varsity and varsity 10
athletic teams and sports for students of the female sex; authorizing certain students 11
to bring a civil action against certain entities under certain circumstances; and 12
generally relating to interscholastic and intramural junior varsity and varsity teams 13
and sports of public and nonpublic schools. 14
BY adding to 15
Article – Education 16
Section 7–118 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
7–118. 23
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 24
INDICATED. 25 2 SENATE BILL 588
(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 FOR WHICH THE STUDENT ATHLETES 7
OR ATHLETIC TEAMS CO MPETE AGAINST STUDEN T ATHLETES OR ATHLET IC 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 SPO NSORED BY A PUBLIC O R 11
NONPUBLIC HIGH SCHOO L SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 12
FOLLOWING: 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 MIX ED 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 ACCRE DITING 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 SPORT S FOR 24
STUDENTS OF THE FEMA LE SEX. 25
(E) (1) A STUDENT WHO IS DEPRI VED OF AN ATHLETIC O PPORTUNITY OR 26
SUFFERS ANY DIRECT O R INDIRECT HARM AS A RESULT OF A VIOLATIO N OF THIS 27
SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE STUDE NT ATTENDS. 28
(2) A STUDENT WHO IS SUBJE CT TO RETALIATION OR OTHER 29
ADVERSE ACTION BY A SCHOOL OR AN ATHLETI C ASSOCIATION OR ORG ANIZATION 30 SENATE BILL 588 3
AS A RESULT OF REPOR TING A VIOLATION OF THIS SECTION TO AN E MPLOYEE OR 1
REPRESENTATIVE OF TH E SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION , OR 2
ANY STATE OR FEDERAL AGEN CY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 3
BRING A CIVIL ACTION AGAINST THE SCHOOL O R ATHLETIC ASSOCIATI ON OR 4
ORGANIZATION . 5
(F) THIS SECTION MAY BE K NOWN AND CITED AS TH E FAIRNESS IN GIRLS’ 6
SPORTS ACT. 7
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 8
the application thereof to any person or circumstance is held invalid for any reason in a 9
court of competent jurisdiction, the provision shall be construed to give the provision the 10
maximum effect permitted by law unless the provision is held to be absolutely invalid. 11
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 12
the application thereof to any person or circumstance is held invalid for any reason in a 13
court of competent jurisdiction, the invalidity does not affect other provisions or any other 14
application of this Act that can be given effect without the invalid provision or application, 15
and for this purpose the provisions of this Act are declared severable. 16
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2025. 18