25.3064.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Myrdal, Van Oosting
Representatives Frelich, Grindberg, Karls, Steiner
A concurrent resolution urging the the National Collegiate Athletic Association to revoke its
transgender student-athlete eligibility policy, which directly discriminates against female student
athletes in collegiate women's sports.
WHEREAS, athletic participation has an important, positive impact on young girls,
improving their physical, emotional, and psychological health, self-confidence, and discipline,
and providing opportunities for a future in collegiate sports; and
WHEREAS, women have been responsible for some of the greatest athletic feats in the
sports history of the United States, from the Olympic games to professional competition,
through opportunities to compete in collegiate sports; and
WHEREAS, the enactment of Title-IX of the Education Amendments of 1972 [Pub. L. 92-
318; 20 U.S.C. 1681 et seq.] marked a pivotal moment in the federal support of women in
sports and applying to virtually all postsecondary institutions as recipients of federal financial
assistance; and
WHEREAS, there are fundamental and enduring biological differences between males and
females which put women at a competitive disadvantage in sports and jeopardize their safety
during competition; and
WHEREAS, in 2010 the National Collegiate Athletic Association (NCAA) unilaterally
adopted a policy that enables biological males to participate on women's rosters and compete in
the women's sports category, a policy that continues today; and
WHEREAS, such a policy disproportionately affects female athletes; and
WHEREAS, the National Association of Intercollegiate Athletics (NAIA) has instituted new
policies to protect biological girls in sports and ensure that only student athletes whose
biological sex is female will be allowed to compete in NAIA-sponsored women's sports teams;
and
Page No. 1 25.3064.01000
SENATE CONCURRENT RESOLUTION NO. 4010
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24 Sixty-ninth
Legislative Assembly
WHEREAS, it is imperative that collegiate women's opportunities to compete athletically are
protected on the basis of sex; and
WHEREAS, NCAA member institutions have an obligation under Title-IX to ensure equality
of benefits and opportunities in athletic programs on the basis of sex;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE
HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
That the Sixty-ninth Legislative Assembly calls on the NCAA to revoke its transgender
student-athlete eligibility policy, which directly discriminates against female student athletes in
collegiate women's sports; and
BE IT FURTHER RESOLVED , that the NCAA protect the integrity of collegiate women's
sports by forbidding transgender identifying males from competing on any women's sports
roster or in any collegiate competition; and
BE IT FURTHER RESOLVED , that the NCAA require its member conferences to conform
to a biological sex-based policy across all sports and all divisions; and
BE IT FURTHER RESOLVED , that all sports-governing bodies in the United States protect
the category of women's sports for biological women and girls; and
BE IT FURTHER RESOLVED , that the Secretary of State send copies of this resolution to
the President of the NCAA, the President of the National Junior College Athletic Association, the
President of the NAIA, and the President of the United States College Athletic Association.
Page No. 2 25.3064.01000
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