South Dakota Governor Kristi Noem has released the text of draft legislation to “defend fairness in girls’ sports at both the K-12 and collegiate level.”
“This legislation does not have the problematic provisions that were included in last year’s House Bill 1217,” said Noem. “Those flawed provisions would have led to litigation for our state, as well as for the families of young South Dakota athletes – male and female alike.”
The legislation describes “biological sex” as “the sex listed on the student’s official birth certificate issued at or near the time of the athlete’s birth.” It also says, “Only female athletes, based on their biological sex, shall participate in any team, sport, or athletic event designated as being for females, women, or girls.”
Noem goes on to say, “This is about fairness. Every young woman deserves an equal playing field where she can achieve success, but common sense tells us that males have an unfair physical advantage over females in athletic competition. It is for those reasons that only girls should be competing in girls’ sports. Women have fought long and hard for equal athletic opportunities, and South Dakota will defend them, but we have to do it in a smart way.”
This legislation would codify two executive orders (K-12 and collegiate ) Noem signed earlier this year. Now she is asking the Legislature to put it into law.
You can read the draft legislation below or by using this link.
2022 Bill Draft: Protecting Fairness in Women’s Sports
FOR AN ACT ENTITLED, An Act to protect fairness in women’s sports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to title 13:
Any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an athletic association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as one of the following, based on the biological sex at birth of the participating athletes:
(1)Females, women, or girls;
(2)Males, men, or boys; or
(3)Coeducational or mixed.
Only female athletes, based on their biological sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.
For purposes of this section, biological sex is either female or male as described by the sex listed on the athlete’s official birth certificate issued at or near the time of the athlete’s birth. The failure to comply with this section is a waiver of sovereign immunity.
Section 2. That a NEW SECTION be added to title 13:
If an athlete suffers direct or indirect harm as a result of a violation of section 1 of this Act, that athlete has a private cause of action for injunctive relief and any other equitable relief available under law, against the accredited school, school district, athletic association or organization, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education that caused the harm.
If an athlete is subjected to retaliation or other adverse action by an accredited school, school district, athletic association or organization, or institution of higher education as a result of reporting a violation of section 1 of this Act to an employee or representative of the school, school district, athletic association or organization, institution of higher education, or to a state or federal governmental entity having oversight authority, that athlete has a private cause of action for
injunctive relief and any other equitable relief available under law, against the school, school district, athletic association or organization, or institution of higher education. In addition, no governmental entity may investigate a complaint or take any adverse action against an accredited school, school district, athletic association or organization, or institution of higher education, or any employee or governing board member of the foregoing for compliance with section 1 of this Act.
Section 3. That a NEW SECTION be added to title 13:
If a school, school district, or institution of higher education suffers any direct or indirect harm as a result of section 1 of this Act being violated, that school, school district, or institution of higher education has a private cause of action for injunctive relief and any other equitable relief available under law, against the governmental entity, licensing or accrediting organization, or athletic association or organization.
Section 4. That a NEW SECTION be added to title 13.
No governmental entity, accredited school, school district, or institution of higher education may be liable to any athlete for its compliance with section 1 of this Act.
A civil action under Section 2 or 3 must be initiated within two years from the date the alleged harm occurred.
Any party prevailing on a claim brought under Section 2 or 3 is entitled to reasonable attorney’s fees and costs.
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