HB 2706 — interscholastic athletics; biological sex

HB2706 - 542R - H-HealthH &Ver Human  Services-Proposed    Fifty-fourthHouse Legislature                                 Engrossed Health  &interscholastic Humanathletics; Services Second Regular Session                                                  H.B.

biological sex   PROPOSED        State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session     HOUSE OFBILL REPRESENTATIVES2706 AMENDMENTS  TO  H.B.  AN ACT   amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.01;

2706relating (Reference to printedinterscholastic bill)athletics.   Page 1, line 16, strike "all of" Page 2, between lines 20 and 21, insert:

"Sec. 2.  Legislative  findings  and(TEXT purposeOF TheBILL legislatureBEGINS findsON that:NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.01, to read:

START_STATUTE15-120.01.  Designation of athletic teams;

educational institutions;

cause of action;

definition A.  An interscholastic or intramural athletic team or sport that is sponsored by an educational institution in this state must be expressly designated as one of the following based on biological sex:

1.  Males, men or boys.

2.  Females, women or girls.

3.  Coed or mixed sex.

B.  Athletic teams or sports designated for females, women or girls may not be open to students of the male sex.

C.  If disputed, a student may establish the student's sex by presenting a signed physician's statement that indicates the student's sex based on an analysis of the student's genetic makeup.

D.  A governmental entity, a licensing or accrediting ORGANIZATION or an athletic association or organization may not entertain a complaint, open an investigation or take any other adverse action against an educational institution for maintaining separate interscholastic or intramural athletic teams or sports for students of the female sex.

E.  Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution.

F.  Any student who is subject to retaliation or other adverse action by an educational institution or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the educational institution or athletic association or organization or to any state or federal agency with oversight of educational institutions in this state has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution or athletic association or organization.

G.  Any eligible institution that suffers any direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization.

H.  A civil action under this section must be initiated within two years after the harm occurs.  A person that prevails on a claim brought under this section is entitled to monetary damages, including for any psychological, emotional and physical harm suffered, any reasonable attorney fees and costs and any other appropriate relief.

I.  For the purposes of this section, "educational institution" means any of the following:

1.  A public school, whether or not the public school is a member of an interscholastic athletic association or organization.

2.  A private school that is a member of an interscholastic athletic association or organization.

3.  A university under the jurisdiction of the Arizona board of regents, whether or not the university is a member of any association listed in paragraph 5 of this subsection.

4.  A community college as defined in section 15-1401, whether or not the community college is a member of any association listed in paragraph 5 of this subsection.

5.  Any other institution of higher education that is a member of any of the following:

(a)  A national collegiate athletic association.

(b)  A national association of intercollegiate athletics.

(c)  A national junior college athletic association.

END_STATUTE Sec. 2.  Legislative findings and purpose The legislature finds that:

3.  Men generally have "denser, stronger bones, tendons, and ligaments" and "larger hearts, greater lung volume per body mass, a higherhigher red red blood cell count, and higher hemoglobin."  Neel Burton, TheThe  Battle Battle of the Sexes, PSYCHOL.

4.  Men also 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.  Doriane Lambelet Coleman, Sex in Sport, 80 LAW & CONTEMP.

 PROBS.PROBS.

63, 74 (2017) (quoting Gina Kolata, Men, Women and Speed.

Ass'n, 394 N.E.2d 855, 861 (Ill.

11.  The benefits that natural testosterone provides to male athletes are not diminished through the use of puberty blockers and cross-sexcross‑sex hormones.  A recent study on the impact of such treatments found that even "after 12 months of hormonal therapy," a man who identifies as a woman and is taking cross-sex hormones "had an absolute advantage" over female athletes and "will still likely have performance benefits" over women.  Tommy Lundberg, et al., Muscle strength, size and composition following 12 months of gender-affirming treatment in transgender individuals:

12.12.  Having separate sex-specific teams furthers efforts to promote sex equality.  Sex-specific teams accomplish this by 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.

HavingSec. 3.  Severability separateIf sex-specifica teamsprovision furthersof efforts to promote sex equality.  Sex-specific teams accomplish this byact providingor opportunitiesits forapplication female athletes to demonstrateany theirperson skill,or strengthcircumstance andis athleticheld abilitiesinvalid, whilethe alsoinvalidity providingdoes themnot withaffect opportunitiesother toprovisions obtainor recognitionapplications andof accolades, college scholarships and the numerousact otherthat long-termcan benefitsbe thatgiven floweffect fromwithout successthe ininvalid athleticprovision endeavors."or Renumberapplication, and to conformthis Amendend titlethe toprovisions conformof  this NANCYact K.are severable.

BARTOSec. 4.  Short  title 2706BARTOThis 02/11/2020act 09:13may AMbe C:cited as the "Save Women's Sports Act".

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