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SENATE BILL 459
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Jay C. Block and Nicole Tobiassen
AN ACT
RELATING TO HUMAN RIGHTS; ENACTING THE PROTECTION OF WOMEN'S
SPORTS ACT; PROVIDING DEFINITIONS; REQUIRING EQUAL ATHLETIC
OPPORTUNITIES FOR MALES AND FEMALES; REQUIRING SEPARATE
ATHLETIC OPPORTUNITIES IN CERTAIN CIRCUMSTANCES; REQUIRING
DESIGNATION OF ATHLETIC TEAMS, SPORTS, ATHLETIC COMPETITIONS
AND ATHLETIC EVENTS AS FOR EITHER SEX SEPARATELY OR AS
COEDUCATIONAL; PROHIBITING MALE PARTICIPATION FOR, AGAINST OR
WITH ATHLETIC TEAMS DESIGNATED FOR FEMALES; ALLOWING MALE
ATHLETES TO PARTICIPATE AS PRACTICE PLAYERS ON TEAMS DESIGNATED
FOR FEMALES IN CERTAIN CIRCUMSTANCES; PROVIDING PRIVATE CAUSES
OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Protection of Women's Sports Act".
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SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Protection of Women's Sports Act:
A. "athletic association" means a governing body
for athletic competition or sport or an organization of
athletic conferences;
B. "athletic club" means a privately or publicly
operated organization that operates sports teams, trains
athletes for competition or allows athletes or athletic teams
to use its facilities on a regular basis;
C. "athletic event" means a competition, contest,
game, jamboree, scrimmage, tournament, showcase, combine or
tryout related to a sport or physical activity;
D. "boy" means a person who is a juvenile male;
E. "compete" means to participate in an athletic
event or other event after which teams or participants are
designated as winners, roster spots are determined or prizes
awarded;
F. "female" means the organism of the human species
that, from conception, is meant to produce the large
reproductive cell;
G. "gender identity" means a person's internal and
subjective sense of self that is disconnected from biological
reality and sex;
H. "girl" means a person who is a juvenile female;
I. "male" means the organism of the human species
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that, from conception, is meant to produce the small
reproductive cell;
J. "man" means a person who is an adult male;
K. "public educational institution" means a public
school, school district or public post-secondary educational
institution;
L. "sex" means a person's immutable biological
classification as male or female and is not a synonym of or
does not include the concept of gender identity;
M. "team" means a group of people that participate
in athletic or physical competitions for the same organization,
school, club, college, university or cause; and
N. "woman" means a person who is an adult female.
SECTION 3. [NEW MATERIAL] ATHLETIC OPPORTUNITIES--
SEPARATE ATHLETIC TEAMS.--
A. A public educational institution that offers,
operates or sponsors interscholastic or intercollegiate
athletics shall provide equal athletic opportunities for both
sexes.
B. Notwithstanding the requirements of Subsection A
of this section, a public educational institution or private
athletic club located within this state may operate or sponsor
single-sex teams and provide that selection for such teams is
based upon competitive skill or that the activity involved is a
contact sport.
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SECTION 4. [NEW MATERIAL] DESIGNATION OF ATHLETIC
OPPORTUNITIES.--
A. All public educational institutions and athletic
clubs that participate in athletic competitions or events with
or against other institutions or clubs must designate each
athletic team, sport, athletic competition or athletic event as
a:
(1) team, sport, competition or event for
males, men or boys;
(2) team, sport, competition or event for
females, women or girls; or
(3) a coeducational or mixed team, sport,
competition or event.
B. An individual who competes in any sport,
athletic competition or athletic event designated for females,
women or girls must be biologically female. The sex listed on
a participant's birth certificate may be relied on to establish
the participant's eligibility pursuant to this section if the
sex designated on the birth certificate was designated at or
near the time of the participant's birth.
SECTION 5. [NEW MATERIAL] WOMEN'S ATHLETIC COMPETITION
PROTECTIONS.--A public educational institution, an athletic
club or an athletic association that operates, sponsors or
permits athletic competitions or events shall not allow a male
to compete for, against or with a team designated for females,
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women or girls or to compete in an event designated for
females, women or girls.
SECTION 6. [NEW MATERIAL] MALE PRACTICE PLAYERS--
PERMITTED.--Nothing in the Protection of Women's Sports Act
shall prohibit a public educational institution, an athletic
club or an athletic association from allowing male athletes to
participate as practice players on teams designated for
females, women or girls; provided that no such player takes a
roster spot, opportunity to compete, scholarship or spot at the
school from a female.
SECTION 7. [NEW MATERIAL] COMPLIANCE.--
A. A governmental entity, a licensing or
accrediting organization or an athletic association shall not
consider a complaint, open an investigation or take adverse
action against a public educational institution for complying
with the Protection of Women's Sports Act.
B. A licensing or accrediting organization or an
athletic association that receives public money or is otherwise
in contract with the state or a political subdivision of the
state that does not comply with the Protection of Women's
Sports Act shall be subject to revocation of public money,
disqualification from receiving public money in the future or
contract termination.
SECTION 8. [NEW MATERIAL] CAUSE OF ACTION--REMEDIES.--
A. An individual who is deprived of an athletic
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opportunity or who suffers or who will suffer direct or
indirect harm resulting from a violation of the Protection of
Women's Sports Act may bring a private cause of action for
injunctive relief, compensatory damages and legal fees against
the violating entity.
B. A public educational institution, an athletic
association or an athletic club that suffers or will suffer
direct or indirect harm as a result of a violation of the
Protection of Women's Sports Act may bring a private cause of
action against the violating entity for injunctive relief and
compensatory damages.
C. An individual, a team or an athletic club
subjected to retaliation or other adverse action as a result of
reporting a violation of the Protection of Women's Sports Act
to an employee or representative of a public educational
institution, an athletic association or an athletic club or
subjected to retaliation or other adverse action as a result of
reporting a violation of that act to a state or federal
government entity with oversight authority may bring a private
cause of action against the retaliating entity for injunctive
relief, damages and any other relief available under law.
D. An action brought pursuant to this section shall
be commenced within one year of the event giving rise to the
complaint.
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