A.B. 240
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ASSEMBLY BILL NO. 240–ASSEMBLYMEMBERS GURR, GRAY,
GALLANT, HANSEN, DICKMAN; COLE, EDGEWORTH,
HAFEN, HARDY, KOENIG, O’NEILL AND YUREK
FEBRUARY 17, 2025
____________
JOINT SPONSORS: SENATORS STONE, ELLISON AND HANSEN
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to athletics.
(BDR 34-179)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to athletics; requiring certain schools and
institutions of higher education to designate by sex the
athletic teams and sports sponsored by the schools or
institutions; prohibiting male or female athletes from
competing on teams designated for the other sex;
prohibiting certain actions from being brought against a
school or institution for maintaining a separate athletic
team or sport designated for pupils and students of the
female or male sex; establishing certain causes of action;
establishing the statute of limitations for such actions; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law governs athletics in schools and in institutions of higher education. 1
(Chapters 385B and 398 of NRS) Section 5 of this bill requires a public school or a 2
private school that competes against a public school to designate, based on 3
biological sex at birth, each athletic team or sport that is sponsored by the school as 4
being for males, for females or for both males and females. Section 5 prohibits 5
such a school from opening an athletic team or sport that is designated for females 6
or males to participation by members of the other sex. Section 6 of this bill 7
provides that a school’s compliance with section 5 does not constitute 8
discrimination on the basis of sex or gender identity or expression under any state 9
statute or local ordinance. Section 6 also prohibits certain entities that oversee 10
athletic teams and sports that are sponsored by public schools from taking certain 11
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adverse actions against a school for maintaining a separate athletic team or sport for 12
females or males. Sections 10 and 11 of this bill establish similar provisions 13
applicable to public and private institutions of higher education. Sections 3, 4 and 14
9 of this bill define certain terms, and section 2 of this bill establishes the 15
applicability of the definitions set forth in sections 3 and 4. 16
Section 7 of this bill authorizes a pupil to bring a civil action against: (1) a 17
school for a violation of sections 2-7; or (2) a school or athletic association or 18
organization for retaliating against the pupil for reporting a violation of sections 2-19
7 to the school, athletic association or organization or a state or federal agency with 20
oversight of the school. Section 7 additionally authorizes a school to bring a civil 21
action against a governmental entity, licensing or accrediting organization or 22
athletic association or organization for a violation of sections 2-7. Section 7 23
establishes: (1) the period within which such a civil action must be filed; and (2) the 24
types of relief available in such a civil action. Section 12 of this bill establishes 25
similar provisions applicable to public and private institutions of higher education. 26
WHEREAS, In 2018, Communicative & Integrative Biology 1
published an article titled “Only two sex forms but multiple gender 2
variants: How to explain?” which stated that “with respect to 3
biological sex, one is either male or female”; and 4
WHEREAS, In 2021, BJPsych Bulletin published an article titled 5
“Sex, gender and gender identity: a re-evaluation of the evidence,” 6
which explained that the sex of a natural person “is determined at 7
fertili[z]ation and revealed at birth or, increasingly, in utero”; and 8
WHEREAS, In 2012, Chromosome Research published an article 9
titled “Mammalian sex determination-insights from humans and 10
mice,” which stated that “biological differences between males and 11
females are determined genetically during embryonic development”; 12
and 13
WHEREAS, In 2021, Sports Medicine published an article titled 14
“Transgender Women in the Female Category of Sport: Perspectives 15
on Testosterone Suppression and Performance Advantage,” which 16
asserted that the “[s]econdary sex characteristics that develop during 17
puberty . . . generate anatomical divergence beyond the reproductive 18
system, leading to adult body types that are measurably different 19
between sexes”; and 20
WHEREAS, The United States Supreme Court has declared there 21
are inherent differences between men and women and these 22
differences are “cause for celebration, but not for denigration of the 23
members of either sex or for artificial constraints on an individual’s 24
opportunity” (United States v. Virginia, 518 U.S. 515, 533 (1996)); 25
and 26
WHEREAS, In 2016, the European Journal of Sport Science 27
published an article titled “Physical fitness normative values for 6-28
18-year-old Greek boys and girls, using the empirical distribution 29
and the lambda, mu, and sigma statistical method” and in 2011, the 30
British Journal of Sports Medicine published an article titled 31
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“Normative health-related fitness values for children: Analysis of 1
85347 test results on 9-17-year-old Australians since 1985,” which 2
discussed studies of large cohorts of children who were between 6 3
and 19 years of age and found that boys typically scored higher than 4
girls on cardiovascular endurance, muscular strength, muscular 5
endurance and speed and agility but lower on flexibility; and 6
WHEREAS, In 2017, the International Journal of Sports 7
Physiology and Performance published an article titled “Sex 8
Differences in World Record Performance: The Influence of Sport 9
Discipline and Competition Duration,” which concluded that the 10
physiological differences between males and females that are 11
relevant to performance in sports “include a larger body size with 12
more skeletal muscle mass, a lower percentage of body fat, as well 13
as greater maximal delivery of anaerobic and aerobic energy”; and 14
WHEREAS, In 2017, Law and Contemporary Problems 15
published an article titled “Sex in Sport” that explained that men 16
having higher natural levels of testosterone is significant because it 17
affects traits such as “hemoglobin levels, body fat content, ‘the 18
absolute ability to store and use carbohydrate,’ and the development 19
of ‘Type 2 muscle fibers, which are used to generate speed and 20
power’ ”; and 21
WHEREAS, The article published in Sports Medicine titled 22
“Transgender Women in the Female Category of Sport: Perspectives 23
on Testosterone Suppression and Performance Advantage” also 24
explained that there is a gap between males and females with regard 25
to performance in sports such that the physiological advantages 26
conferred on males by biological sex “appear, on assessment of 27
performance data, [to be] insurmountable”; and 28
WHEREAS, The United States Supreme Court has also declared 29
that while classifications based on sex are generally disfavored, 30
“[s]ex classifications may be used to compensate women for 31
particular economic disabilities [they have] suffered, to promot[e] 32
equal employment opportunity, [and] to advance full development 33
of the talent and capacities of our Nation’s people” (United States v. 34
Virginia, 518 U.S. 515, 533 (1996) (alteration in original) (internal 35
citations and quotations omitted); and 36
WHEREAS, One area where sex classifications allow for the full 37
development of the talent and capacities of our Nation’s people is in 38
the context of sports and athletics; and 39
WHEREAS, The Supreme Court of Rhode Island and the Illinois 40
Fourth District Appeals Court have recognized that the inherent, 41
physiological differences between males and females result in 42
different athletic capabilities (Kleczek v. R.I. Interscholastic League, 43
Inc., 612 A.2d 734, 738 (R.I. 1992); Petrie v. Ill. High Sch. Ass’n, 44
394 N.E.2d 855, 861); and 45
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WHEREAS, The article published in Sports Medicine titled 1
“Transgender Women in the Female Category of Sport: Perspectives 2
on Testosterone Suppression and Performance Advantage” also 3
explained that the benefits that natural testosterone provides to male 4
athletes are not significantly diminished through the use of 5
testosterone suppression; and 6
WHEREAS, That article found that policies like those of the 7
International Olympic Committee requiring biological males to 8
undergo at least 1 year of testosterone suppression before competing 9
in women’s sports do not create a level playing field; and 10
WHEREAS, That article concluded that the reduction in 11
testosterone levels required by policies like those of the 12
International Olympic Committee “is insufficient to remove or 13
reduce the male advantage, in terms of muscle mass and strength, by 14
any meaningful degree”; and 15
WHEREAS, That article concluded “that superior anthropometric, 16
muscle mass and strength parameters achieved by males at puberty, 17
and underpinning a considerable portion of the male performance 18
advantage over females, are not removed by the current regimen of 19
testosterone suppression” permitted by the International Olympic 20
Committee and other sports organizations; and 21
WHEREAS, That article instead found that “male performance 22
advantage remains substantial” and “raises obvious concerns about 23
fair and safe competition”; and 24
WHEREAS, Having separate sex-specific teams furthers efforts to 25
promote equality between the sexes by providing opportunities for 26
female athletes to demonstrate their skill, strength and athletic 27
abilities while also providing them with opportunities to obtain 28
recognition, accolades, college scholarships and the numerous other 29
long-term benefits that flow from success in athletic endeavors; and 30
WHEREAS, If males were permitted to compete in female sports, 31
the risk of injury to females would be increased by the ability of a 32
biological male to exert greater force, strength and power, and also 33
by females’ reduced ability to receive or tolerate that force; and 34
WHEREAS, Separating participants in contact sports based on 35
biological sex promotes the safety of female athletes by protecting 36
them from predictable and preventable injuries caused by male 37
athletes; now, therefore, 38
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 1
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 2
3
Section 1. Chapter 385B of NRS is hereby amended by adding 4
thereto the provisions set forth as sections 2 to 7, inclusive, of this 5
act. 6
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless 7
the context otherwise requires, the words and terms defined in 8
sections 3 and 4 of this act have the meanings ascribed to them in 9
those sections. 10
Sec. 3. “Private school” has the meaning ascribed to it in 11
NRS 394.103. 12
Sec. 4. “Sex” means the biological sex of a natural person, 13
either male or female, as observed or clinically verified at birth. 14
Sec. 5. 1. A public school or a private school whose pupils 15
compete against a public school shall expressly designate each 16
interscholastic or intramural athletic team or sport that is 17
sponsored by the school as one of the following, based on sex: 18
(a) “Males,” “men” or “boys”; 19
(b) “Females,” “women” or “girls”; or 20
(c) “Coed” or “mixed.” 21
2. An athletic team or sport that is designated for: 22
(a) “Females,” “women” or “girls” pursuant to subsection 1 23
must not be open to pupils of the male sex. 24
(b) “Males,” “men” or “boys” pursuant to subsection 1 must 25
not be open to pupils of the female sex. 26
3. If pupils of the male and the female sex participate 27
together in an interscholastic or intramural athletic team or sport, 28
the team or sport must be designated as “coed” or “mixed.” 29
Sec. 6. 1. The designation of an interscholastic or 30
intramural athletic team or sport based on sex, the exclusion of a 31
member of the male sex from a team or sport designated for 32
females or the exclusion of a member of the female sex from a 33
team or sport designated for males pursuant to section 5 of this act 34
does not constitute discrimination on the basis of sex or gender 35
identity or expression for the purposes of any state statute or local 36
ordinance. 37
2. A governmental entity, a licensing or accrediting 38
organization or any athletic association or organization shall not 39
entertain a complaint, open an investigation or take any other 40
adverse action against a public school, a private school, a school 41
district or the Association for maintaining separate interscholastic 42
or intramural athletic teams or sports for pupils of the female sex 43
or the male sex. 44
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Sec. 7. 1. Notwithstanding any provision of NRS 41.0305 to 1
41.039, inclusive, but subject to the limitation on damages set 2
forth in NRS 41.035, when applicable: 3
(a) A pupil who is deprived of an athletic opportunity or 4
suffers any direct or indirect harm as a result of a school 5
knowingly violating sections 2 to 7, inclusive, of this act may bring 6
an action against the school for injunctive relief, damages and any 7
other relief available under law. 8
(b) A pupil who is subject to retaliation or other adverse action 9
by a school or athletic association or organization as a result of 10
reporting a violation of sections 2 to 7, inclusive, of this act to an 11
employee or representative of the school or athletic association or 12
organization or to any state or federal agency with oversight of 13
schools in this State may bring an action against the school or 14
athletic association or organization for injunctive relief, damages 15
and any other relief available under law. 16
(c) A school that suffers any direct or indirect harm as a result 17
of a violation of sections 2 to 7, inclusive, of this act by a 18
governmental entity, licensing or accrediting organization or 19
athletic association or organization may bring an action for 20
injunctive relief, damages and any other relief available under 21
law. 22
2. A civil action brought pursuant to subsection 1 must be 23
initiated within 2 years after the harm occurred. A person or 24
organization who prevails on a claim brought pursuant to this 25
section is entitled to monetary damages, including, without 26
limitation, for any psychological, emotional and physical harm 27
suffered, reasonable attorney’s fees and costs and any other 28
appropriate relief. 29
Sec. 8. Chapter 398 of NRS is hereby amended by adding 30
thereto the provisions set forth as sections 9 to 12, inclusive, of this 31
act. 32
Sec. 9. As used in sections 9 to 12, inclusive, of this act, 33
unless the context otherwise requires, “sex” means the biological 34
sex of a natural person, either male or female, as observed or 35
clinically verified at birth. 36
Sec. 10. 1. A public institution or a private institution 37
whose teams compete against a public institution shall expressly 38
designate each interscholastic or intramural athletic team or sport 39
that is sponsored by the institution as one of the following, based 40
on sex: 41
(a) “Males,” “men” or “boys”; 42
(b) “Females,” “women” or “girls”; or 43
(c) “Coed” or “mixed.” 44
2. An athletic team or sport that is designated for: 45
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(a) “Females,” “women” or “girls” pursuant to subsection 1 1
must not be open to students of the male sex. 2
(b) “Males,” “men” or “boys” pursuant to subsection 1 must 3
not be open to students of the female sex. 4
3. If students of the male and the female sex participate 5
together in any interscholastic or intramural athletic team or 6
sport, the team or sport must be designated as “coed” or “mixed.” 7
Sec. 11. 1. The designation of an interscholastic or 8
intramural athletic team or sport based on sex, the exclusion of a 9
member of the male sex from a team or sport designated for 10
females or the exclusion of a member of the female sex from a 11
team or sport designated for males pursuant to section 10 of this 12
act does not constitute discrimination on the basis of sex or gender 13
identity or expression for any purpose under state or local law. 14
2. A governmental entity, a licensing or accrediting 15
organization or any athletic association or organization shall not 16
entertain a complaint, open an investigation or take any other 17
adverse action against an institution for maintaining separate 18
interscholastic or intramural athletic teams or sports for students 19
of the female sex or the male sex. 20
Sec. 12. 1. Notwithstanding any provision of NRS 41.0305 21
to 41.039, inclusive, but subject to the limitation on damages set 22
forth in NRS 41.035, when applicable: 23
(a) A student who is deprived of an athletic opportunity or 24
suffers any direct or indirect harm as a result of an institution 25
knowingly violating sections 9 to 12, inclusive, of this act may 26
bring an action against the institution for injunctive relief, 27
damages and any other relief available under law. 28
(b) A student who is subject to retaliation or other adverse 29
action by an institution or athletic association or organization as a 30
result of reporting a violation of sections 9 to 12, inclusive, of this 31
act to an employee or representative of the institution or athletic 32
association or organization or to any state or federal agency with 33
oversight of institutions in this State may bring an action against 34
the institution or athletic association or organization for injunctive 35
relief, damages and any other relief available under law. 36
(c) An institution that suffers any direct or indirect harm as a 37
result of a violation of sections 9 to 12, inclusive, of this act by a 38
governmental entity, licensing or accrediting organization or 39
athletic association or organization may bring an action for 40
injunctive relief, damages and any other relief available under 41
law. 42
2. A civil action brought pursuant to subsection 1 must be 43
initiated within 2 years after the harm occurred. A person or 44
organization who prevails on a claim brought pursuant to this 45
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section is entitled to monetary damages, including, without 1
limitation, for any psychological, emotional and physical harm 2
suffered, reasonable attorney’s fees and costs and any other 3
appropriate relief. 4
Sec. 13. This act becomes effective on July 1, 2025. 5
H