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HB207
HOUSE OF REPRESENTATIVES
H.B. NO.
207
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to sex-specific student athletic teams
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that it is both proper
and healthy for a society to maintain 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 result from
success in athletic endeavors.
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The legislature also finds that in
recent years, the question of transgender athletes competing against
biologically opposite genders has stirred controversies across the nation, with
male-to-female transgender athletes winning events ranging from girls state
high school championship titles, to a women's NCAA 500-yard freestyle swimming
event.
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The legislature further finds there
is a dire need to promote sex equality by ensuring that female athletes have a
designated space to compete against other females.
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While it has become part of a national
conversation, the legislature finds that for this particular issue, the male
and female designation is to mean biological male and biological female,
respectively.
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The purpose of this Act is to
require the designation of separate sex-specific athletic teams or sports.
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SECTION 2. Chapter 302A, Hawaii
Revised Statutes, is amended by adding a new section to be properly designated
and to read as follows:
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302A-
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Sex-specific athletic teams.
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(a)
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There
is a requirement to designate separate sex-specific athletic teams or sports
within interscholastic, intercollegiate, intramural, and club athletic teams or
sports.
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These include sports teams
sponsored by a public, primary or secondary school, a public postsecondary
institution, or any school or institution whose students or teams compete
against a public school or public postsecondary institution.
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These teams shall be expressly designated as
one of the following based on biological sex:
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(1)
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Males, men, or
boys;
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(2)
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Females, women,
or girls; or
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(3)
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Coed or mixed.
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(b)
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Athletic teams or
sports designated for females, women, or girls may not be open to students of
the male sex.
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(c)
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A dispute
regarding a student's sex shall be resolved by the student's school or
institution by requesting that the student provide a health examination and
consent form or other statement signed by the student's personal health care
provider which must verify the student's biological sex.
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The health care provider may verify the
student's biological sex as part of a routine sports physical examination by
relying on only one or more of the following:
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(1)
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The student's
reproductive anatomy;
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(2)
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The student's
genetic makeup; or
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(3)
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The student's
normal endogenously produced testosterone levels.
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(d)
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The board of education
shall adopt rules regarding the receipt and timely resolution of disputes by
schools and institutions consistent with this subsection.
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SECTION 3. Chapter 302A, Hawaii
Revised Statutes, is amended by adding a new section to be properly designated
and to read as follows:
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302A-
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Protection for educational institutions.
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(a)
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A governmental entity, any licensing or
accrediting organization, or any athletic association or organization may not
entertain a complaint, open an investigation, or take any other adverse action
against any school or public postsecondary institution for maintaining separate
interscholastic, intercollegiate, intramural, or club athletic teams or sports
for students of the female sex.
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SECTION 4. Chapter 302A, Hawaii
Revised Statutes, is amended by adding a new section to be properly designated
and to read as follows:
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"
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302A-
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Cause of action, civil remedies.
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(a)
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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 shall have a private
cause of action for injunctive relief, damages, and any other relief available
under law against the school or public postsecondary institution.
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(b)
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Any student who is subject to retaliation or
other adverse action by a school, postsecondary institution, or athletic
association or organization as a result of reporting a violation of this
section to an employee or representative of the school, institution, or
athletic association or organization, or to any state or federal agency with
oversight of schools or public postsecondary institutions in the state, shall
have a private cause of action for injunctive relief, damages, and any other
relief available under law against the school, institution, or athletic
association or organization.
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(c)
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Any school or public postsecondary institution
that suffers any direct or indirect harm as a result of a violation of this
section shall have 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.
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(d)
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All civil actions brought under this section
must be initiated within two years after the alleged harm occurred.
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Persons or organizations who prevail on a
claim brough under this section shall be entitled to monetary damages,
including for any psychological, emotional, or physical harm suffered,
reasonable attorney fees and costs, and any other appropriate relief.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 7.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION 8.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Sex-specific
Athletic Teams; School Sports; Education
Description:
Creates the requirement of school sports to designate
sex-specific teams for the purpose of gender equality.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.