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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3740
Sponsored by Representatives DRAZAN, LEVY B, DIEHL, OWENS, RESCHKE, YUNKER; Representatives
HELFRICH, JAVADI, MANNIX, SCHARF, Senators THATCHER, WEBER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells school districts and certain private schools to designate sports by gender.
The Act forbids males from playing in female sports.(Flesch Readability Score: 77.4).
Requires school districts and certain private schools to designate athletic competitions and ex-
tracurricular sports according to biological sex. Prohibits biological males from participating in
athletic competitions or extracurricular sports designated for biological females.
Provides causes of action for students, school districts and private schools.
A BILL FOR AN ACT
Relating to participation in athletic competitions according to biological sex.
Whereas there are only two biological sexes, either female or male; and
Whereas a person’s sex is determined at fertilization and revealed at birth or, increasingly, in
utero; and
Whereas biological differences between males and females are determined genetically during
embryonic development; and
Whereas secondary sex characteristics that develop during puberty generate anatomical diver-
gence beyond the reproductive system, leading to adult body types that are measurably different
between sexes; and
Whereas there are inherent differences between men and women and these differences remain
cause for celebration but not for denigration of the members of either sex or for artificial con-
straints on an individual’s opportunity; and
Whereas in studies of large cohorts of children from six years old, boys typically scored higher
than girls on cardiovascular endurance, muscular strength, muscular endurance and speed and
agility but lower on flexibility; and
Whereas physiological differences between males and females relevant to sports performance
include a larger body size with more skeletal muscle mass, a lower percentage of body fat and
greater maximal delivery of anaerobic and aerobic energy; and
Whereas men have higher natural levels of testosterone, which affects traits such as hemoglobin
levels, body fat content, the storage and use of carbohydrates and the development of type 2 muscle
fibers, all of which result in men being able to generate higher speed and power during physical
activity;and
Whereas there is a sports performance gap between males and females; and
Whereas while classifications based on sex are generally disfavored, the United States Supreme
Court has recognized that sex classifications may be used to advance full development of the talent
and capacities of our nation’s people; and
Whereas sex classifications in the context of sports athletics allow for the full development of
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3985 HB3740
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the talent and capacities of our nation’s people; and
Whereas courts have recognized that the inherent, physiological differences between males and
females result in different athletic capabilities; and
Whereas the benefits that natural testosterone provides to male athletes are not diminished
through the use of testosterone suppression; and
Whereas having separate sex-specific teams furthers efforts to promote sex equality; and
Whereas maintaining separate sex-specific teams promotes the safety of female athletes; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) Each school district and any private school having a sports team that
competes against a public school sports team shall require that every athletic competition
or extracurricular sport is expressly designated by the biological sex of the students who
participate in the competition or sport as follows:
(a) “Males,” “Men” or “Boys”;
(b) “Females,” “Women” or “Girls”; or
(c) “Coed.”
(2) Students of the biologically male sex may not participate in any athletic competition
or extracurricular sport that is designated as “Females,” “Women” or “Girls” under sub-
section (1) of this section.
(3) Nothing in subsection (2) of this section restricts or prohibits any student from par-
ticipating in any athletic competition or extracurricular sport that is designated as
“Males,” “Men,” “Boys” or “Coed.”
(4) A public body, as defined in ORS 174.109, any licensing or accrediting organization or
any voluntary organization that administers interscholastic activities or that facilitates the
scheduling and programming of interscholastic activities may not entertain a complaint,
open an investigation or take any other adverse action against a school district or private
school for maintaining separate athletic competitions or extracurricular sports in accordance
with subsection (2) of this section.
(5) A student who is deprived of an opportunity or suffers a direct or indirect harm as
a result of a school district or private school knowingly violating this section may bring a
claim against the school district or private school for injunctive relief, damages and any
other relief available under law.
(6) A student who is subject to retaliation or any other adverse action by a school dis-
trict, private school or athletic association or organization as a result of reporting a violation
of this section to an employee of the school district, the private school or the athletic asso-
ciation or organization, or to any public body with oversight of school districts in this state,
may bring a claim against the school district, the private school or athletic association or
organization for injunctive relief, damages and any other relief available under law.
(7) A school district or private school that suffers a direct or indirect harm as a result
of a violation of this section may bring a claim against the public body, licensing or accred-
iting organization or athletic association or organization for injunctive relief, damages and
any other relief available under law.
(8) A civil action brought under this section must be initiated not more than two years
after the alleged direct or indirect harm or the retaliation orotheradverseaction
occurred.A student, school district or private school that prevails on a claim brought under
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this section is entitled to monetary damages, including damages for any psychological, emo-
tional or physical harm suffered, attorney fees and costs and any other appropriate relief.
SECTION 2. Section 1 of this 2025 Act first applies to the 2026-2027 school year.
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