HB 358 — Save Women's Sports Act.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2021 H 1 HOUSE BILL 358 Short Title:

358 Mar 22, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10141-MK-55A Short Title:

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 1, if favorable, Education - Universities, if favorable, Education - K-12, if favorable, Rules, Calendar, and Operations of the House March 23, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE SAVE WOMEN'S SPORTS ACT TO PROTECT THE OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS BY ENSURING WOMENARENOTFORCEDTOCOMPETEAGAINSTMENPLAYINGONWOMEN'S SPORTS TEAMS.

Whereas, there are""[i]nherentare differences"""[i]nherent betweenmenanddifferences"betweenmenand women," and thatthese differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity." United States v.

and Whereas, the biological differences between females and males, especially as they relateto natural levels of testosterone, "explain"explainthe the maleand femalesecondarysex characteristics which develop during puberty and have lifelong effects, including those most important for success in sport:

and *H358-v-1* General Assembly Of North Carolina Session 2021 Whereas, one place where sex classifications allow for the "full development of the talent and capacities of our Nation's people" is in the context of sports and athletics;

and *DRH10141-MK-55A* General Assembly Of North Carolina Session 2021 Whereas, courts have recognized that the inherent, physiological differences between males and females result in different athletic capabilities.

1979) (noting that "high school boys [generally[generallypossess possess physiological advantages over] their girl counterparts" and that those advantages give them an unfair lead over girls in some sports like "high school track");

Claims to the contrary are simply a denialofscience."DorianeColeman,Martinadenialofscience."DorianeColeman,MartinaNavratilova,etal.,PasstheEqualityAct,ButDon't Navratilova,etal.,PasstheEqualityAct,ButDon't Abandon Title IX, WASHINGTON POST, (Apr.

"[T]he reduction in testosterone levels required bybymanysports many sports federation transgender policies is insufficient to remove or reduce the male advantage by any meaningful degree." For example, "the muscle mass advantage males possess over females, and potentially the performance implications thereof, are not removed by 12 months of testosterone suppression." Instead, the study concluded that "The data presented here demonstrates that the male physical performance advantage over females, attributed to superior anthropometric and muscle mass/strength parameters achieved at puberty, is not removed by the current regimen of testosterone suppression permitting participation of transgender women in female sports categories.

Sex-specific teams accomplish this bybyproviding providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors;

Page 2 DRH10141-MK-55AHouse Bill 358-First Edition General Assembly Of North Carolina Session 2021 (a) All athletic teams for middle and secondary school students participating in interscholastic or intramural athletic activities conducted by a public school unit shall be expressly designated as one of the following based on biological sex:

(a) A biological female student who is deprived of an athletic opportunity or suffers or is likelylikelyto to suffer from anyanydirect direct or indirect harm as a result of a violation of this Article maymayassert assert that violation as a cause of action for remedies provided for in subsection (d) of this section.

– The State Board of Education shall adopt rules governing interscholastic athletic activities conducted bybylocal local boards of education, including eligibility for student participation.

DRH10141-MK-55AHouse Bill 358-First Edition Page 3 General Assembly Of North Carolina Session 2021 Article 29E of this Chapter shall apply to any nonpublic school that is a member of a State-level association, including the North Carolina High School Athletic Association (NCHSAA), that governs participation in interscholastic athletic activities at the high school level." SECTION 4.

(a) A biological female student who is deprived of an athletic opportunity or suffers or is likelylikelyto to suffer from anyanydirect direct or indirect harm as a result of a violation of this Article maymayassert assert that violation as a cause of action for remedies provided for in subsection (d) of this section.

(c) AnyAnyinstitution institution of highereducationhigher education or its representatives or employees who suffer any direct or indirect harm for prohibiting a biological male student from participating on a female, Page 4 DRH10141-MK-55AHouse Bill 358-First Edition General Assembly Of North Carolina Session 2021 girls', or women's athletic team pursuant to the requirements of this Article shall have a cause of action for remedies provided for in subsection (d) of this section.

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