Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB116 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1554/2
3	3	ARG:cdc
4	4	2025 SENATE BILL 116
5	5	March 7, 2025 - Introduced by Senators HUTTON, FELZKOWSKI, FEYEN, JACQUE,
6	6	KAPENGA, NASS, QUINN, TESTIN, TOMCZYK and WANGGAARD, cosponsored by
7	7	Representatives DITTRICH, KNODL, ALLEN, ARMSTRONG, BEHNKE, BROOKS,
8	8	CALLAHAN, DONOVAN, DUCHOW, GOEBEN, GREEN, GUNDRUM, GUSTAFSON, B.
9	9	JACOBSON, KREIBICH, KRUG, MAXEY, MOSES, MURPHY, MURSAU, NEDWESKI,
10	10	O'CONNOR, PENTERMAN, PIWOWARCZYK, SORTWELL, STEFFEN, TUSLER,
11	11	VANDERMEER and WICHGERS. Referred to Committee on Government
12	12	Operations, Labor and Economic Development.
13	13	AN ACT to amend 36.12 (1) and 38.23 (1); to create 36.25 (58) and 38.12 (15) of
14	14	the statutes; relating to: designating University of Wisconsin and technical
15	15	college sports and athletic teams based on the sex of the participants.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires each University of Wisconsin institution and technical
18	18	college that operates or sponsors an intercollegiate or club athletic team or sport to
19	19	designate the athletic team or sport as one of the following based on the sex of the
20	20	participating students: 1) males or men; or 2) females or women. The bill defines
21	21	XsexY as the sex determined by a physician at birth and reflected on the birth
22	22	certificate. The bill also requires a UW institution or technical college to prohibit 1)
23	23	a male student from participating on an athletic team or in a sport designated for
24	24	females, and 2) a male student from using locker rooms designated for females.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 36.12 (1) of the statutes is amended to read:
28	28	36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
29	29	1
30	30	2
31	31	3
32	32	4
33	33	5 2025 - 2026 Legislature
34	34	SENATE BILL 116
35	35	- 2 - LRB-1554/2
36	36	ARG:cdc
37	37	SECTION 1
38	38	admission to, participation in or the benefits of, or be discriminated against in any
39	39	service, program, course or facility of the system or its institutions because of the
40	40	student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
41	41	sexual orientation, pregnancy, marital status or parental status.
42	42	SECTION 2. 36.25 (58) of the statutes is created to read:
43	43	36.25 (58) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
44	44	this subsection, XsexY means the sex determined by a physician at birth and
45	45	reflected on the birth certificate.
46	46	(b) An institution that operates or sponsors an intercollegiate or club athletic
47	47	team or sport shall do all of the following:
48	48	1. Expressly designate the athletic team or sport as one of the following based
49	49	on the sex of the participating students:
50	50	a. Males or men.
51	51	b. Females or women.
52	52	2. Prohibit students of the male sex from participating on an athletic team or
53	53	in a sport that is designated for females or women under subd. 1.
54	54	3. Prohibit students of the male sex from using locker rooms designated for
55	55	females.
56	56	(c) 1. A student of the female sex who is deprived of the opportunity to
57	57	participate in a sport or on an athletic team or who suffers any direct or indirect
58	58	harm as the result of a violation of par. (b) 2. may bring a cause of action against the
59	59	institution for injunctive relief, damages, and any other relief available under law.
60	60	2. A student of the female sex who is subject to retaliation or other adverse
61	61	1
62	62	2
63	63	3
64	64	4
65	65	5
66	66	6
67	67	7
68	68	8
69	69	9
70	70	10
71	71	11
72	72	12
73	73	13
74	74	14
75	75	15
76	76	16
77	77	17
78	78	18
79	79	19
80	80	20
81	81	21
82	82	22
83	83	23 2025 - 2026 Legislature
84	84	SENATE BILL 116
85	85	- 3 - LRB-1554/2
86	86	ARG:cdc
87	87	SECTION 2
88	88	action by an institution or athletic association or organization, as a result of
89	89	reporting a violation of par. (b) 2. to an employee or representative of the institution
90	90	or athletic association or organization or to any state or federal agency with
91	91	oversight over the institution, may bring a cause of action against the institution or
92	92	athletic association or organization for injunctive relief, damages, and any other
93	93	relief available under law.
94	94	3. An institution that suffers any direct or indirect harm by a licensing or
95	95	accrediting organization or an athletic association or organization as a result of
96	96	compliance with par. (b) 2. may bring a cause of action against the licensing or
97	97	accrediting organization or the athletic association or organization for injunctive
98	98	relief, damages, and any other relief available under law.
99	99	SECTION 3. 38.12 (15) of the statutes is created to read:
100	100	38.12 (15) INTERCOLLEGIATE OR CLUB SPORTS; DESIGNATION BY SEX. (a) In
101	101	this subsection, XsexY means the sex determined by a physician at birth and
102	102	reflected on the birth certificate.
103	103	(b) A district board that operates or sponsors an intercollegiate or club athletic
104	104	team or sport shall do all of the following:
105	105	1. Expressly designate the athletic team or sport as one of the following based
106	106	on the sex of the participating students:
107	107	a. Males or men.
108	108	b. Females or women.
109	109	2. Prohibit students of the male sex from participating on an athletic team or
110	110	in a sport that is designated for females or women under subd. 1.
111	111	1
112	112	2
113	113	3
114	114	4
115	115	5
116	116	6
117	117	7
118	118	8
119	119	9
120	120	10
121	121	11
122	122	12
123	123	13
124	124	14
125	125	15
126	126	16
127	127	17
128	128	18
129	129	19
130	130	20
131	131	21
132	132	22
133	133	23 2025 - 2026 Legislature
134	134	SENATE BILL 116
135	135	- 4 - LRB-1554/2
136	136	ARG:cdc
137	137	SECTION 3
138	138	3. Prohibit students of the male sex from using locker rooms designated for
139	139	females.
140	140	(c) 1. A student of the female sex who is deprived of the opportunity to
141	141	participate in a sport or on an athletic team or who suffers any direct or indirect
142	142	harm as the result of a violation of par. (b) 2. may bring a cause of action against the
143	143	district board for injunctive relief, damages, and any other relief available under
144	144	law.
145	145	2. A student of the female sex who is subject to retaliation or other adverse
146	146	action by a district board or athletic association or organization, as a result of
147	147	reporting a violation of par. (b) 2. to an employee or representative of the district
148	148	board or athletic association or organization or to any state or federal agency with
149	149	oversight over the district board, may bring a cause of action against the district
150	150	board or athletic association or organization for injunctive relief, damages, and any
151	151	other relief available under law.
152	152	3. A district board that suffers any direct or indirect harm by a governmental
153	153	entity, licensing or accrediting organization, or athletic association or organization
154	154	as a result of compliance with par. (b) 2. may bring a cause of action against the
155	155	governmental entity, licensing or accrediting organization, or athletic association or
156	156	organization for injunctive relief, damages, and any other relief available under law.
157	157	SECTION 4. 38.23 (1) of the statutes is amended to read:
158	158	38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
159	159	admission to, participation in or the benefits of, or be discriminated against in any
160	160	service, program, course or facility of the board or any district because of the
161	161	1
162	162	2
163	163	3
164	164	4
165	165	5
166	166	6
167	167	7
168	168	8
169	169	9
170	170	10
171	171	11
172	172	12
173	173	13
174	174	14
175	175	15
176	176	16
177	177	17
178	178	18
179	179	19
180	180	20
181	181	21
182	182	22
183	183	23 2025 - 2026 Legislature
184	184	SENATE BILL 116
185	185	- 5 - LRB-1554/2
186	186	ARG:cdc
187	187	SECTION 4
188	188	student[s race, color, creed, religion, sex, national origin, disability, ancestry, age,
189	189	sexual orientation, pregnancy, marital status or parental status.
190	190	SECTION 5. Initial applicability.
191	191	(1) This act first applies in the first semester or session beginning after the
192	192	effective date of this subsection.
193	193	(END)
194	194	1
195	195	2
196	196	3
197	197	4
198	198	5
199	199	6