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2025 ASSEMBLY BILL 102
March 3, 2025 - Introduced by Representatives DITTRICH, KNODL, ALLEN,
ARMSTRONG, BEHNKE, BROOKS, CALLAHAN, DONOVAN, DUCHOW, GOEBEN,
GREEN, GUNDRUM, GUSTAFSON, B. JACOBSON, KREIBICH, KRUG, MAXEY,
MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN,
PIWOWARCZYK, SORTWELL, STEFFEN, TUSLER, VANDERMEER and WICHGERS,
cosponsored by Senators HUTTON, FELZKOWSKI, FEYEN, JACQUE, KAPENGA,
NASS, QUINN, TESTIN, TOMCZYK and WANGGAARD. Referred to Committee on
Colleges and Universities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 36.12 (1) and 38.23 (1); to create 36.25 (58) and 38.12 (15) of
the statutes; relating to: designating University of Wisconsin and technical
college sports and athletic teams based on the sex of the participants.
Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical
college that operates or sponsors an intercollegiate or club athletic team or sport to
designate the athletic team or sport as one of the following based on the sex of the
participating students: 1) males or men; or 2) females or women. The bill defines
XsexY as the sex determined by a physician at birth and reflected on the birth
certificate. The bill also requires a UW institution or technical college to prohibit 1)
a male student from participating on an athletic team or in a sport designated for
females, and 2) a male student from using locker rooms designated for females.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 36.12 (1) of the statutes is amended to read:
36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
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admission to, participation in or the benefits of, or be discriminated against in any
service, program, course or facility of the system or its institutions because of the
student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
sexual orientation, pregnancy, marital status or parental status.
SECTION 2. 36.25 (58) of the statutes is created to read:
36.25 (58) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
this subsection, XsexY means the sex determined by a physician at birth and
reflected on the birth certificate.
(b) An institution that operates or sponsors an intercollegiate or club athletic
team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based
on the sex of the participating students:
a. Males or men.
b. Females or women.
2. Prohibit students of the male sex from participating on an athletic team or
in a sport that is designated for females or women under subd. 1.
3. Prohibit students of the male sex from using locker rooms designated for
females.
(c) 1. A student of the female sex who is deprived of the opportunity to
participate in a sport or on an athletic team or who suffers any direct or indirect
harm as the result of a violation of par. (b) 2. may bring a cause of action against the
institution for injunctive relief, damages, and any other relief available under law.
2. A student of the female sex who is subject to retaliation or other adverse
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action by an institution or athletic association or organization, as a result of
reporting a violation of par. (b) 2. to an employee or representative of the institution
or athletic association or organization or to any state or federal agency with
oversight over the institution, may bring a cause of action against the institution or
athletic association or organization for injunctive relief, damages, and any other
relief available under law.
3. An institution that suffers any direct or indirect harm by a licensing or
accrediting organization or an athletic association or organization as a result of
compliance with par. (b) 2. may bring a cause of action against the licensing or
accrediting organization or the athletic association or organization for injunctive
relief, damages, and any other relief available under law.
SECTION 3. 38.12 (15) of the statutes is created to read:
38.12 (15) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
this subsection, XsexY means the sex determined by a physician at birth and
reflected on the birth certificate.
(b) A district board that operates or sponsors an intercollegiate or club athletic
team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based
on the sex of the participating students:
a. Males or men.
b. Females or women.
2. Prohibit students of the male sex from participating on an athletic team or
in a sport that is designated for females or women under subd. 1.
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3. Prohibit students of the male sex from using locker rooms designated for
females.
(c) 1. A student of the female sex who is deprived of the opportunity to
participate in a sport or on an athletic team or who suffers any direct or indirect
harm as the result of a violation of par. (b) 2. may bring a cause of action against the
district board for injunctive relief, damages, and any other relief available under
law.
2. A student of the female sex who is subject to retaliation or other adverse
action by a district board or athletic association or organization, as a result of
reporting a violation of par. (b) 2. to an employee or representative of the district
board or athletic association or organization or to any state or federal agency with
oversight over the district board, may bring a cause of action against the district
board or athletic association or organization for injunctive relief, damages, and any
other relief available under law.
3. A district board that suffers any direct or indirect harm by a governmental
entity, licensing or accrediting organization, or athletic association or organization
as a result of compliance with par. (b) 2. may bring a cause of action against the
governmental entity, licensing or accrediting organization, or athletic association or
organization for injunctive relief, damages, and any other relief available under law.
SECTION 4. 38.23 (1) of the statutes is amended to read:
38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
admission to, participation in or the benefits of, or be discriminated against in any
service, program, course or facility of the board or any district because of the
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student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
sexual orientation, pregnancy, marital status or parental status.
SECTION 5. Initial applicability.
(1) This act first applies in the first semester or session beginning after the
effective date of this subsection.
(END)
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