AN ACT RELATING TO EDUCATION -- FAIRNESS IN WOMEN'S SPORTS ACT (Categorizes women by their biological identity at birth rather than their gender identity for purpose of organized sports.)

H7732

2026 -- H 7732
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LC003960
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO EDUCATION -- FAIRNESS IN WOMEN'S SPORTS ACT

Introduced By:
Representatives Roberts, J. Brien, Nardone, Hopkins, Fascia, and
Santucci

Date Introduced:
February 12, 2026

Referred To:
House Education
It is enacted by the General Assembly as follows:
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SECTION 1. The general assembly hereby finds that:
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(1) There are "inherent differences between men and women," and that these differences
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"remain cause for celebration, but not for denigration of the members of either sex or for artificial
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constraints on an individual's opportunity," United States v. Virginia, 518 U.S. 515, 533 (1996);
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(2) These "inherent differences" range from chromosomal and hormonal differences to
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physiological differences;
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(3) Men generally have "denser, stronger bones, tendons, and ligaments" and "larger hearts,
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greater lung volume per body mass, a higher red blood cell count, and higher hemoglobin," Neel
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Burton, The Battle of the Sexes, Psychology Today (July 2, 2012);
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(4) Men also have higher natural levels of testosterone, which affects traits such as
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hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of
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type 2 muscle fibers, all of which result in men being able to generate higher speed and power
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during physical activity, Doriane Lambelet Coleman, Sex in Sport, Law and Contemporary
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Problems 63, 74 (2017) (quoting Gina Kolata, Men, Women and Speed. 2 Words: Got
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Testosterone?, N.Y. Times (Aug. 21, 2008));
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(5) The biological differences between females and males, especially as it relates to natural
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levels of testosterone, "explain the male and female secondary sex characteristics which develop
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during puberty and have lifelong effects, including those most important for success in sport:
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categorically different strength, speed, and endurance," Doriane Lambelet Coleman and Wickliffe

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Shreve, "Comparing Athletic Performances: The Best Elite Women to Boys and Men," Duke Law
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Center for Sports Law and Policy;
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(6) While classifications based on sex are generally disfavored, the Supreme Court has
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recognized that "sex classifications may be used to compensate women for particular economic
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disabilities [they have] suffered, to promote equal employment opportunity, [and] to advance full
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development of the talent and capacities of our Nation's people," United States v. Virginia, 518
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U.S. 515, 533 (1996);
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(7) One place where sex classifications allow for the "full development of the talent and
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capacities of our Nation's people" is in the context of sports and athletics;
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(8) Courts have recognized that the inherent, physiological differences between males and
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females result in different athletic capabilities. See e.g. Kleczek v. Rhode Island Interscholastic
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League, Inc., 612 A.2d 734, 738 (R.I. 1992) ("Because of innate physiological differences, boys
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and girls are not similarly situated as they enter athletic competition.");Petrie v. Ill. High Sch. Ass'n,
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394 N.E.2d 855, 861 (Ill. App. Ct. 1979) (noting that "high school boys [generally possess
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physiological advantages over] their girl counterparts" and that those advantages give them an
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unfair lead over girls in some sports like "high school track");
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(9) A recent study of female and male Olympic performances since 1983 found that,
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although athletes from both sexes improved over the time span, the "gender gap" between female
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and male performances remained stable. "These suggest that women's performances at the high
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level will never match those of men." Valerie Thibault et al., Women and men in sport performance:
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The gender gap has not evolved since 1983, 9 Journal of Sports Science and Medicine 214, 219
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(2010);
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(10) As Duke law professor and All-American track athlete Doriane Coleman, tennis
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champion Martina Navratilova, and Olympic track gold medalist Sanya Richards-Ross recently
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wrote: "The evidence is unequivocal that starting in puberty, in every sport except sailing, shooting,
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and riding, there will always be significant numbers of boys and men who would beat the best girls
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and women in head-to-head competition. Claims to the contrary are simply a denial of science,"
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Doriane Coleman, Martina Navratilova, et al., Pass the Equality Act, But Don't Abandon Title IX,
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Washington Post (Apr. 29, 2019);
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(11) The benefits that natural testosterone provides to male athletes is not diminished
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through the use of puberty blockers and cross-sex hormones. A recent study on the impact of such
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treatments found that even "after twelve (12) months of hormonal therapy," a man who identifies
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as a woman and is taking cross-sex hormones "had an absolute advantage" over female athletes and
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"will still likely have performance benefits" over women, Tommy Lundberg et al., "Muscle

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strength, size and composition following twelve (12) months of gender-affirming treatment in
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transgender individuals: retained advantage for the transwomen," Karolinksa Institutet (Sept. 26,
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2019); and
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(12) Having separate sex-specific teams furthers efforts to promote sex equality. Sex-
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specific teams accomplish this by providing opportunities for female athletes to demonstrate their
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skill, strength, and athletic abilities while also providing them with opportunities to obtain
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recognition and accolades, college scholarships, and the numerous other long-term benefits that
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flow from success in athletic endeavors.
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SECTION 2. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 117
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FAIRNESS IN WOMEN'S SPORTS ACT
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16-117-1. Short title.
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This chapter shall be known and may be cited as the "Fairness in Women's Sports Act".
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16-117-2. Designation of athletic teams.
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Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are
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sponsored by a public school or any public school district activities association or a public
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institution of higher education or any higher education institution that is a member of the national
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collegiate athletic association (NCAA), national association of intercollegiate athletics (NAIA), or
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national junior college athletic association (NJCAA) shall be expressly designated as one of the
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following based on biological sex:
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(1) Males, men, or boys;
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(2) Females, women, or girls; or
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(3) Coed or mixed.
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(i) Athletic teams or sports designated for females, women, or girls shall not be open to
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students of the male sex.
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(ii) If disputed, a student may establish sex by presenting a signed physician's statement
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that shall indicate the student's sex based solely on:
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(A) The student's internal and external reproductive anatomy;
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(B) The student's normal endogenously produced levels of testosterone; and
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(C) An analysis of the student's genetic makeup.
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16-117-3. Protection for educational institutions.
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A government entity, any licensing or accrediting organization, or any athletic association
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or organization shall not entertain a complaint, open an investigation, or take any other adverse

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action against a school or an institution of higher education solely for maintaining separate
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interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female
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sex.
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16-117-4. Cause of action.
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(a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect
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harm as a result of a violation of this chapter shall have a private cause of action for injunctive
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relief, damages, and any other relief available under law against the school or institution of higher
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education.
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(b) Any student who is subject to retaliation or other adverse action by a school, institution
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of higher education, or athletic association or organization as a result of reporting a violation of this
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chapter to an employee or representative of the school, institution, or athletic association or
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organization, or to any state or federal agency with oversight of schools or institutions of higher
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education in the state, shall have a private cause of action for injunctive relief, damages, and any
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other relief available under law against the school, institution, or athletic association or
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organization.
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(c) Any school or institution of higher education that suffers any direct or indirect harm as
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a result of a violation of this chapter shall have a private cause of action for injunctive relief,
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damages, and any other relief available under law against the government entity, licensing or
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accrediting organization, or athletic association or organization.
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(d) All civil actions shall be initiated within two (2) years after the harm occurred. Persons
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or organizations who prevail on a claim brought pursuant to this section shall be entitled to
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monetary damages, including for any psychological, emotional, and physical harm suffered,
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reasonable attorneys' fees and costs, and any other appropriate relief.
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16-117-5. Severability.
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The provisions of this chapter are hereby declared to be severable and if any provision of
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this chapter or the application of such provision to any person or circumstance is declared invalid
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for any reason, such declaration shall not affect the validity of the remaining portions of this
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chapter.
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SECTION 3. This act shall take effect January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- FAIRNESS IN WOMEN'S SPORTS ACT
***
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This act would categorize women by their biological identity at birth rather than their
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gender identity for purpose of organized sports. A team would be categorized as males, men, or
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boys; females, women, or girls; or coed or mixed. If there is a dispute, a student would establish
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sex by presenting a signed physician's statement that shall indicate the student's sex. Additionally,
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this act would create a cause of action for any student who is deprived of an athletic opportunity or
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subject to retaliation as a result of violations of this chapter.
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This act would take effect January 1, 2027.
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