Revises provisions relating to athletics. (BDR 34-36)

S.B. 112

- *SB112*

SENATE BILL NO. 112–SENATOR BUCK

PREFILED JANUARY 23, 2025
____________

Referred to Committee on Education

SUMMARY—Revises provisions relating to athletics.
(BDR 34-36)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to athletics; requiring certain schools and
institutions of higher education to designate by sex the
athletic teams and sports sponsored by the schools or
institutions; prohibiting male or female athletes from
competing on teams designated for the other sex ;
prohibiting certain actions from being brought against a
school or institution for maintaining a separate athletic
team or sport designated for pupils and students of the
female or male sex ; establishing certain causes of action;
establishing the statute of limitations for such actions; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law governs athletics in schools and in institutions of higher education. 1
(Chapters 385B and 398 of NRS) Section 5 of this bill requires a public school or a 2
private school that competes against a public school to designate, based on 3
biological sex at birth, each athletic team or sp ort that is sponsored by the school as 4
being for males, for females or for both males and females. Section 5 prohibits 5
such a school from opening an athletic team or sport that is designated for females 6
or males to participation by members of the other sex. Section 6 of this bill 7
provides that a school’s compliance with section 5 does not constitute 8
discrimination on the basis of sex or gender identity or expression under any state 9
statute or local ordinance. Section 6 also prohibits certain entities that oversee 10
athletic teams and sports that are sponsored by public schools from taking certain 11
adverse actions against a school for maintaining a separate athletic team or sport for 12
females or males. Sections 10 and 11 of this bill establish similar provisions 13
applicable to public and private institutions of higher educat ion. Sections 3, 4 and 14
9 of this bill define certain terms, and section 2 of this bill establishes the 15
applicability of the definitions set forth in sections 3 and 4. 16

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Section 7 of this bill authorizes a pupil to bring a civil action against: (1) a 17
school for a violation of sections 2-7; or (2) a school or athletic association or 18
organization for retaliating against the pupil for reporting a violation of sections 2-19
7 to the school, athletic association or organization or a state or fe deral agency with 20
oversight of the school. Section 7 additionally authorizes a school to bring a civil 21
action against a governmental entity, licensing or a ccrediting organization or 22
athletic association or organization for a violation of sections 2-7. Section 7 23
establishes: (1) the period within which such a civil action must be filed; and (2) the 24
types of relief available in such a civil action. Section 12 of this bill establishes 25
similar provisions applicable to public and private institutions of h igher education.26

WHEREAS, In 2018, Communicative & Integrative Biology 1
published an article titled “Only two sex forms but multiple gender 2
variants: How to explain?” which stated that “w ith respect to 3
biological sex, one is either male or female”; and 4
WHEREAS, In 2021, BJPsych Bulletin published an article titled 5
“Sex, gender and gender identity: a re-evaluation of the evidence,” 6
which explained that t he sex of a natural person “is determined at 7
fertili[z]ation and revealed at birth or, increasingly, in utero”; and 8
WHEREAS, In 2012, Chromosome Research published an article 9
titled “Mammalian sex determination-insights from humans and 10
mice,” which stated that “biological differences between males and 11
females are determined genetically during embryonic development”; 12
and 13
WHEREAS, In 2021, Sports Medicine published an article titled 14
“Transgender Women in the Female Category of Sport: Perspectives 15
on Testosterone Suppression and Performance Advantage ,” which 16
asserted that the “[s]econdary sex characteristics that develop during 17
puberty . . . generate anatomical divergence beyond the reproductive 18
system, leading to adult body types that are measurably different 19
between sexes”; and 20
WHEREAS, The United States Supr eme Court has declared t here 21
are inherent differences between men and women and these 22
differences are “cause for celebration, but not for denigration of the 23
members of either sex or for artificial constraints on an individual’s 24
opportunity” (United States v. Virginia, 518 U.S. 515, 533 (1996)); 25
and 26
WHEREAS, In 201 6, the European Journal of Sport Science 27
published an article titled “Physical fitness normative values for 6 -28
18-year-old Greek boys and girls, using the empirical distribution 29
and the lambda, mu, and sigma statistical method” and in 201 1, the 30
British Journal of Sports Medicine published an article titled 31
“Normative health-related fitness values for children: Analysis of 32
85347 test results on 9 -17-year-old Australians since 1985,” which 33
discussed studies of large cohorts of children who were between 6 34
and 19 years of age and found that boys typically scored higher than 35

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girls on cardiovascular endurance, muscular strength, muscular 1
endurance and speed and agility but lower on flexibility; and 2
WHEREAS, In 2017, the International Journal of Sports 3
Physiology and Performance published an article titled “Sex 4
Differences in World Record Performance: The Influence of Sport 5
Discipline and Competition Duration ,” which concluded that the 6
physiological differences between males and females that are 7
relevant to performance in sports “include a larger body size with 8
more skeletal muscle mass, a lower percentage of body fat , as well 9
as greater maximal delivery of anaerobic and aerobic energy”; and 10
WHEREAS, In 201 7, Law and Contemporary Problems 11
published an article titled “Sex in Sport” that explained that m en 12
having higher natural levels of testosterone is significant because it 13
affects traits such as “hemoglobin levels, body fat content, ‘the 14
absolute ability to store and use carbohydrate,’ and the development 15
of ‘Type 2 muscle fibers, which are used to generate speed and 16
power’ ”; and 17
WHEREAS, The article published in Sports Medicine titled 18
“Transgender Women in the Female Category of Sport: Perspectives 19
on Testosterone Suppression and Performance Advantage” also 20
explained that there is a gap between males and females with regard 21
to performance in sports such that the physiological advantages 22
conferred on males by biological sex “appear, on assessment of 23
performance data, [to be] insurmountable”; and 24
WHEREAS, The United States Supreme Court has also declared 25
that w hile classifications based on sex are generally disfavored, 26
“[s]ex classifications may be used to compensate women for 27
particular economic dis abilities [they have ] suffered, to promot [e] 28
equal employment opportunity, [and] to advance full development 29
of the talent and capacities of our Nation’s people” ( United States v. 30
Virginia, 518 U.S. 515, 533 (1996) (alteration in original) (internal 31
citations and quotations omitted); and 32
WHEREAS, One area where sex classifications allow for the full 33
development of the talent and capacities of our Nation’s people is in 34
the context of sports and athletics; and 35
WHEREAS, The Supreme Court of Rhode Island and the Illinois 36
Fourth District Appeals Court have recognized that the inherent, 37
physiological differences between males and females result in 38
different athletic capabilities (Kleczek v. R.I. Interscholastic League, 39
Inc., 612 A.2d 734, 738 (R.I. 1992); Petrie v. Ill. High Sch. Ass’n , 40
394 N.E.2d 855, 861); and 41
WHEREAS, The article published in Sports Medicine titled 42
“Transgender Women in the Female Category of Sport: Perspectives 43
on Testosterone Suppression and Performance Advantage” also 44
explained that the benefits that natural testosterone provides to male 45

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athletes are not significantly diminished through the use of 1
testosterone suppression; and 2
WHEREAS, That article found that policies like those of the 3
International Olympic Committee requiring biological m ales to 4
undergo at least 1 year of testosterone suppression before competing 5
in women’s sports do not create a level playing field; and 6
WHEREAS, That article concluded that the reduction in 7
testosterone levels required by policies like those of the 8
International Olympic Committee “is insufficient to remove or 9
reduce the male advantage, in terms of muscle mass and strength, by 10
any meaningful degree”; and 11
WHEREAS, That article concluded “that superior anthropometric, 12
muscle mass and strength parameters ach ieved by males at puberty, 13
and underpinning a considerable portion of the male performance 14
advantage over females, are not removed by the current regimen of 15
testosterone suppression” permitted by the International Olympic 16
Committee and other sports organizations; and 17
WHEREAS, That article instead found that “male performance 18
advantage remains substantial” and “raises obvious concerns about 19
fair and safe competition”; and 20
WHEREAS, Having separate sex-specific teams furthers efforts to 21
promote equality between the sexes by providing opportunities for 22
female athletes to demonstrate their skill, strength and athletic 23
abilities while also providing them with opportunities to obtain 24
recognition, accolades, college scholarships and the numerous other 25
long-term benefits that flow from success in athletic endeavors; and 26
WHEREAS, If males were permitted to compete in female sports, 27
the risk of injury to females would be increased by the ability of a 28
biological male to exert greater force, strength and power, and a lso 29
by females’ reduced ability to receive or tolerate that force; and 30
WHEREAS, Separating participants in contact sports based on 31
biological sex promotes the safety of female athletes by protecting 32
them from predictable and preventable injuries caused b y male 33
athletes; now, therefore, 34
35
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 36
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 37
38
Section 1. Chapter 385B of NRS is hereby amended by adding 39
thereto the provisions set forth as sections 2 to 7, inclusive, of this 40
act. 41
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless 42
the context otherwise requires, the words and terms defined in 43
sections 3 and 4 of this act have the meanings ascribed to them in 44
those sections. 45

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Sec. 3. “Private school” has the meaning ascribed to it in 1
NRS 394.103. 2
Sec. 4. “Sex” means the biological sex of a natural person, 3
either male or female, as observed or clinically verified at birth. 4
Sec. 5. 1. A public school or a private school whose pupils 5
compete against a public school shall expressly designate each 6
interscholastic or intramural athletic team or sport that is 7
sponsored by the school as one of the following, based on sex: 8
(a) “Males,” “men” or “boys”; 9
(b) “Females,” “women” or “girls”; or 10
(c) “Coed” or “mixed.” 11
2. An athletic team or sport that is designated for: 12
(a) “Females,” “women” or “girls” purs uant to subsection 1 13
must not be open to pupils of the male sex. 14
(b) “Males,” “men” or “boys” pursuant to subsection 1 must 15
not be open to pupils of the female sex. 16
3. If pupils of the male and the female sex participate 17
together in an interscholastic or intramural athletic team or sport , 18
the team or sport must be designated as “coed” or “mixed.” 19
Sec. 6. 1. The designation of an interscholastic or 20
intramural athletic team or sport based on sex , the exclusion of a 21
member of the male sex from a team or sport designated for 22
females or the exclusion of a member of the female se x from a 23
team or sport designated for males pursuant to section 5 of this act 24
does not constitute discrimination on the basis of sex or gender 25
identity or expression for the purposes of any state statute or local 26
ordinance. 27
2. A governmental entity, a licensing or accrediting 28
organization or any athletic association or organization shall not 29
entertain a complaint, open an investigation or take any other 30
adverse action against a public school, a private school, a school 31
district or the Association for maintaining separate interscholastic 32
or intramural athletic teams or sports for pupils of the female sex 33
or the male sex. 34
Sec. 7. 1. Notwithstanding any provision of NRS 41.0305 to 35
41.039, inclusive, but subject to the limit ation on damages set 36
forth in NRS 41.035, when applicable: 37
(a) A pupil who is deprived of an athletic opportunity or 38
suffers any direct or indirect harm as a result of a school 39
knowingly violating sections 2 to 7, inclusive, of this act may bring 40
an action against the school for injunctive relief, damages and any 41
other relief available under law. 42
(b) A pupil who is subject to retaliation or other adverse action 43
by a school or athletic association or organization as a result of 44
reporting a violation of sections 2 to 7, inclusive, of this act to an 45

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employee or representative of the school or athletic association or 1
organization or to any state or federal agency with oversight of 2
schools in this State may bring an action against the school or 3
athletic association or organization for injunctive relief, damages 4
and any other relief available under law. 5
(c) A school that suffers any direct or indirect harm as a result 6
of a violation of sections 2 to 7, inclusive, of this act by a 7
governmental entity, licensing or accrediting organization or 8
athletic association or organization may bring an action for 9
injunctive relief, damages and any other relief available under 10
law. 11
2. A civil action brought pursuant to subsection 1 must be 12
initiated within 2 years after the harm occurred. A p erson or 13
organization who prevail s on a claim brought pursuant to this 14
section is entitled to monetary damages , including, without 15
limitation, for any psychological, emotional and physical harm 16
suffered, reasonable attorne y’s fees and costs and any other 17
appropriate relief. 18
Sec. 8. Chapter 398 of NRS is hereby amended by adding 19
thereto the provisions set forth as sections 9 to 12, inclusive, of this 20
act. 21
Sec. 9. As used in sections 9 to 12, inclusive, of this act, 22
unless the context otherwise requires, “sex” means the biological 23
sex of a natural person, either male or female, as observed or 24
clinically verified at birth. 25
Sec. 10. 1. A public institution or a private institution 26
whose teams compete against a public institution shall expressly 27
designate each interscholastic or intramural athletic team or sport 28
that is sponsored by the institution as one of the following , based 29
on sex: 30
(a) “Males,” “men” or “boys”; 31
(b) “Females,” “women” or “girls”; or 32
(c) “Coed” or “mixed.” 33
2. An athletic team or sport that is designated for: 34
(a) “Females,” “women” or “girls” pursuant to subsection 1 35
must not be open to students of the male sex. 36
(b) “Males,” “men” or “boys” pursuant to subsection 1 must 37
not be open to students of the female sex. 38
3. If students of the male and the female sex participate 39
together in any interscholastic or intramural athletic team or 40
sport, the team or sport must be designated as “coed” or “mixed.” 41
Sec. 11. 1. The designation of an interscholastic or 42
intramural athletic team or sport based on sex , the exclusion of a 43
member of the male sex from a team or sport designated for 44
females or the exclusion of a member of the female sex from a 45

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team or sport designated for males pursuant to sectio n 10 of this 1
act does not constitute discrimination on the basis of sex or gender 2
identity or expression for any purpose under state or local law. 3
2. A g overnmental entity, a licensing or accrediting 4
organization or any athletic association or organization shall not 5
entertain a complaint, open an investigation or take any other 6
adverse action against an institution for maintaining separate 7
interscholastic or intramural athletic teams or sports for students 8
of the female sex or the male sex. 9
Sec. 12. 1. Notwithstanding any provision of NRS 41.03 05 10
to 41.039, inclusive, but subject to the limitation on damages set 11
forth in NRS 41.035, when applicable: 12
(a) A student who is deprived of an athletic opportunity or 13
suffers any direct or indirect harm as a result of an institution 14
knowingly violating sections 9 to 12, inclusive, of this act may 15
bring an action against the institution for injunctive relief, 16
damages and any other relief available under law. 17
(b) A student who is subject to retaliation or other adverse 18
action by an institution or athletic association or organization as a 19
result of reporting a violation of sections 9 to 12, inclusive, of this 20
act to an employee or representative of the institution or athletic 21
association or organization or to any state or federal agency with 22
oversight of institution s in this State may bring an action against 23
the institution or athletic association or organization for injunctive 24
relief, damages and any other relief available under law. 25
(c) An institution that suffers any direct or indirect harm as a 26
result of a violation of sections 9 to 12, inclusive, of this act by a 27
governmental entity, licensing or accrediting organization or 28
athletic association or organization may bring an action for 29
injunctive relief, damages and any other relief avai lable under 30
law. 31
2. A civil action brought pursuant to subsection 1 must be 32
initiated within 2 years after the harm occurred. A p erson or 33
organization who prevail s on a claim brought pursuant to this 34
section is entitled to monetary damages , including, wi thout 35
limitation, for any psychological, emotional and physical harm 36
suffered, reasonable attorney ’s fees and costs and any other 37
appropriate relief. 38
Sec. 13. This act becomes effective on July 1, 2025. 39

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