Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB102 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0880/2
3	3	ARG:cdc
4	4	2025 ASSEMBLY BILL 102
5	5	March 3, 2025 - Introduced by Representatives DITTRICH, KNODL, ALLEN,
6	6	ARMSTRONG, BEHNKE, BROOKS, CALLAHAN, DONOVAN, DUCHOW, GOEBEN,
7	7	GREEN, GUNDRUM, GUSTAFSON, B. JACOBSON, KREIBICH, KRUG, MAXEY,
8	8	MOSES, MURPHY, MURSAU, NEDWESKI, O'CONNOR, PENTERMAN,
9	9	PIWOWARCZYK, SORTWELL, STEFFEN, TUSLER, VANDERMEER and WICHGERS,
10	10	cosponsored by Senators HUTTON, FELZKOWSKI, FEYEN, JACQUE, KAPENGA,
11	11	NASS, QUINN, TESTIN, TOMCZYK and WANGGAARD. Referred to Committee on
12	12	Colleges and Universities.
13	13
14	14	*AUTHORS SUBJECT TO CHANGE*
15	15	AN ACT to amend 36.12 (1) and 38.23 (1); to create 36.25 (58) and 38.12 (15) of
16	16	the statutes; relating to: designating University of Wisconsin and technical
17	17	college sports and athletic teams based on the sex of the participants.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill requires each University of Wisconsin institution and technical
20	20	college that operates or sponsors an intercollegiate or club athletic team or sport to
21	21	designate the athletic team or sport as one of the following based on the sex of the
22	22	participating students: 1) males or men; or 2) females or women. The bill defines
23	23	XsexY as the sex determined by a physician at birth and reflected on the birth
24	24	certificate. The bill also requires a UW institution or technical college to prohibit 1)
25	25	a male student from participating on an athletic team or in a sport designated for
26	26	females, and 2) a male student from using locker rooms designated for females.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
29	29	SECTION 1. 36.12 (1) of the statutes is amended to read:
30	30	36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
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35	35	5 2025 - 2026 Legislature
36	36	ASSEMBLY BILL 102
37	37	- 2 - LRB-0880/2
38	38	ARG:cdc
39	39	SECTION 1
40	40	admission to, participation in or the benefits of, or be discriminated against in any
41	41	service, program, course or facility of the system or its institutions because of the
42	42	student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
43	43	sexual orientation, pregnancy, marital status or parental status.
44	44	SECTION 2. 36.25 (58) of the statutes is created to read:
45	45	36.25 (58) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
46	46	this subsection, XsexY means the sex determined by a physician at birth and
47	47	reflected on the birth certificate.
48	48	(b) An institution that operates or sponsors an intercollegiate or club athletic
49	49	team or sport shall do all of the following:
50	50	1. Expressly designate the athletic team or sport as one of the following based
51	51	on the sex of the participating students:
52	52	a. Males or men.
53	53	b. Females or women.
54	54	2. Prohibit students of the male sex from participating on an athletic team or
55	55	in a sport that is designated for females or women under subd. 1.
56	56	3. Prohibit students of the male sex from using locker rooms designated for
57	57	females.
58	58	(c) 1. A student of the female sex who is deprived of the opportunity to
59	59	participate in a sport or on an athletic team or who suffers any direct or indirect
60	60	harm as the result of a violation of par. (b) 2. may bring a cause of action against the
61	61	institution for injunctive relief, damages, and any other relief available under law.
62	62	2. A student of the female sex who is subject to retaliation or other adverse
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86	86	ASSEMBLY BILL 102
87	87	- 3 - LRB-0880/2
88	88	ARG:cdc
89	89	SECTION 2
90	90	action by an institution or athletic association or organization, as a result of
91	91	reporting a violation of par. (b) 2. to an employee or representative of the institution
92	92	or athletic association or organization or to any state or federal agency with
93	93	oversight over the institution, may bring a cause of action against the institution or
94	94	athletic association or organization for injunctive relief, damages, and any other
95	95	relief available under law.
96	96	3. An institution that suffers any direct or indirect harm by a licensing or
97	97	accrediting organization or an athletic association or organization as a result of
98	98	compliance with par. (b) 2. may bring a cause of action against the licensing or
99	99	accrediting organization or the athletic association or organization for injunctive
100	100	relief, damages, and any other relief available under law.
101	101	SECTION 3. 38.12 (15) of the statutes is created to read:
102	102	38.12 (15) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
103	103	this subsection, XsexY means the sex determined by a physician at birth and
104	104	reflected on the birth certificate.
105	105	(b) A district board that operates or sponsors an intercollegiate or club athletic
106	106	team or sport shall do all of the following:
107	107	1. Expressly designate the athletic team or sport as one of the following based
108	108	on the sex of the participating students:
109	109	a. Males or men.
110	110	b. Females or women.
111	111	2. Prohibit students of the male sex from participating on an athletic team or
112	112	in a sport that is designated for females or women under subd. 1.
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136	136	ASSEMBLY BILL 102
137	137	- 4 - LRB-0880/2
138	138	ARG:cdc
139	139	SECTION 3
140	140	3. Prohibit students of the male sex from using locker rooms designated for
141	141	females.
142	142	(c) 1. A student of the female sex who is deprived of the opportunity to
143	143	participate in a sport or on an athletic team or who suffers any direct or indirect
144	144	harm as the result of a violation of par. (b) 2. may bring a cause of action against the
145	145	district board for injunctive relief, damages, and any other relief available under
146	146	law.
147	147	2. A student of the female sex who is subject to retaliation or other adverse
148	148	action by a district board or athletic association or organization, as a result of
149	149	reporting a violation of par. (b) 2. to an employee or representative of the district
150	150	board or athletic association or organization or to any state or federal agency with
151	151	oversight over the district board, may bring a cause of action against the district
152	152	board or athletic association or organization for injunctive relief, damages, and any
153	153	other relief available under law.
154	154	3. A district board that suffers any direct or indirect harm by a governmental
155	155	entity, licensing or accrediting organization, or athletic association or organization
156	156	as a result of compliance with par. (b) 2. may bring a cause of action against the
157	157	governmental entity, licensing or accrediting organization, or athletic association or
158	158	organization for injunctive relief, damages, and any other relief available under law.
159	159	SECTION 4. 38.23 (1) of the statutes is amended to read:
160	160	38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
161	161	admission to, participation in or the benefits of, or be discriminated against in any
162	162	service, program, course or facility of the board or any district because of the
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185	185	23 2025 - 2026 Legislature
186	186	ASSEMBLY BILL 102
187	187	- 5 - LRB-0880/2
188	188	ARG:cdc
189	189	SECTION 4
190	190	student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
191	191	sexual orientation, pregnancy, marital status or parental status.
192	192	SECTION 5. Initial applicability.
193	193	(1) This act first applies in the first semester or session beginning after the
194	194	effective date of this subsection.
195	195	(END)
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