An Act providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harm suffered by designation.

PRINTER'S NO. 177
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 9
Session of
2025
INTRODUCED BY J. WARD, PHILLIPS-HILL, K. WARD, BAKER, BROOKS,
BARTOLOTTA, PENNYCUICK, BROWN, CULVER, KEEFER, ROTHMAN,
MASTRIANO, LANGERHOLC, HUTCHINSON, MARTIN, STEFANO, DUSH AND
FARRY, FEBRUARY 3, 2025
REFERRED TO EDUCATION, FEBRUARY 3, 2025
AN ACT
Providing for sport activities in public institutions of higher
education and public school entities to be expressly
designated male, female or coed; and creating causes of
action for harm suffered by designation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fairness in
Women's Sports Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Public institution of higher education." One of the
following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
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(2) A rural regional college established under Article
XIX-G of the Public School Code of 1949.
(3) An university within the State System of Higher
Education under Article XX-A of the Public School Code of
1949.
(4) A State-related institution as defined in section
2001-C of the Public School Code of 1949.
(5) The Thaddeus Stevens College of Technology.
(6) The Pennsylvania College of Technology.
"Public school entity." One of the following operating under
the Public School Code of 1949:
(1) A school district.
(2) An intermediate unit.
(3) An area career and technical school.
(4) A charter school, regional charter school or cyber
charter school.
"Sex." A person's immutable characteristics of the
reproductive system that define the individual as male or
female, as determined by anatomy and genetics existing at the
time of birth.
Section 3. Designation of athletic teams and sports.
(a) Designation.--Interscholastic, intercollegiate,
intramural or club athletic teams or sports that are sponsored
by a public school entity, a public institution of higher
education or any school or institution where students or teams
compete against a public school entity or public institution of
higher education must be expressly designated as one of the
following based on sex:
(1) Male, men or boys.
(2) Female, women or girls.
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(3) Coed or mixed.
(b) Prohibition.--Athletic teams or sports designated for
females, women or girls under subsection (a)(2) may not be open
to students of the male sex.
(c) Limitations on restriction.--Nothing in this section
shall be construed to restrict the eligibility of a student to
participate in an interscholastic, intercollegiate, intramural
or club athletic team or sport designed for the student's sex or
designated coed or mixed.
Section 4. Protection for educational institutions.
A government entity, 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 a school or institution of higher education for
maintaining separate interscholastic, intercollegiate,
intramural or club athletic teams or sports for students of the
female sex.
Section 5. Cause of action.
(a) Deprivation of opportunity.--A student who is deprived
of an athletic opportunity or who suffers a direct or indirect
harm as a result of a known violation of section 3 may bring a
cause of action for injunctive relief; damages; psychological,
emotional and physical harm suffered; attorney fees and costs
and any other relief available under law against the school or
institution of higher education.
(b) Retaliation.--A student who is subject to retaliation or
other adverse action by a school, institution of higher
education or athletic association or organization as a result of
reporting a violation of section 3 to an employee or
representative of the school, institution or athletic
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association or organization or to any Federal or State agency
with oversight of schools or institutions of higher education in
Pennsylvania may bring a cause of action for injunctive relief,
damages, attorney fees and costs and any other relief available
under law against the school, institution or athletic
association or organization.
(c) School's cause of action.--A school or institution of
higher education that suffers a direct or indirect harm as a
result of a violation of section 4 may bring a cause of action
for injunctive relief, damages and any other relief available
under law against the government entity, licensing or
accrediting organization or athletic association or
organization.
(d) Limitation.--A person may not bring a civil action under
this section later than two years after the day on which the
harm underlying the cause of action occurs.
Section 6. Severability.
If a part of this act is found invalid, all valid parts that
are severable from the invalid part shall remain in effect. If a
part of this act is invalid in one or more of its applications,
the part remains in effect in all valid applications that are
severable from the invalid applications.
Section 7. Effective date.
This act shall take effect in 60 days.
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