Text of AR SB 450 (2021)
To Create The Gender Integrity Reinforcement Legislation For Sports (girls) Act; And To Create A Legal Cause Of Action For A Violation Of The Gender Integrity Reinforcement Legislation For Sports (girls) Act.
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As introduced
5,590 characters
Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas
1
93rd General Assembly
A Bill
2
Regular Session, 2021
SENATE BILL 450
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By: Senator Irvin
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By: Representative Vaught
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For An Act To Be Entitled
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AN ACT TO CREATE THE GENDER INTEGRITY REINFORCEMENT
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LEGISLATION FOR SPORTS (GIRLS) ACT; TO CREATE A LEGAL
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CAUSE OF ACTION FOR A VIOLATION OF THE GENDER
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INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS
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(GIRLS) ACT; AND FOR OTHER PURPOSES.
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Subtitle
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TO CREATE THE GENDER INTEGRITY
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REINFORCEMENT LEGISLATION FOR SPORTS
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(GIRLS) ACT; AND TO CREATE A LEGAL CAUSE
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OF ACTION FOR A VIOLATION OF THE GENDER
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INTEGRITY REINFORCEMENT LEGISLATION FOR
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SPORTS (GIRLS) ACT.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. Arkansas Code Title 16 is amended to add a new chapter to
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read as follows:
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Chapter 129
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GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) ACT
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16-129-101. Title.
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This chapter shall be known and may be cited as the "Gender Integrity
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Reinforcement Legislation for Sports (GIRLS) Act".
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16-129-102. Legislative findings.
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The General Assembly finds that:
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(1) Like the United States Senate, the General Assembly
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recognizes that "athletic participation helps develop self-discipline ...
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confidence, and leadership skills" S. Res. 398, 115th Cong. (2018);
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(2) The same United States Senate resolution states that
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"opportunities for athletic participation should be available to all
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individuals," both male and female;
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(3) The same United States Senate resolution also states that,
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although "the share of athletic participation opportunities of high school
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girls has increased more than sixfold since the passage of Title IX of the
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Education Amendments of 1972 . . . high school girls still experience . . . a
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lower share of athletic participation opportunities than high school boys";
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(4) According to the same United States Senate resolution,
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disparities also still remain at the collegiate level;
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(5) This chapter seeks to address these lingering disparities
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and, as stated in the same United States Senate resolution, "promote equality
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in sports and access to athletic opportunities for girls and women";
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(6) To serve these goals, the General Assembly finds that there
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are "‘inherent differences between men and women,'" borrowing the words of
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Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court
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in United States v. Virginia, 518 U.S. 515, 533 (1996); and
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(7) As Justice Ginsburg further said, these inherent differences
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"remain cause for celebration, but not for denigration of the members of
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either sex or for artificial constraints on an individual's opportunity".
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16-129-103. Definitions.
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As used in this chapter:
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(1) "Covered entity" means:
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(A) An elementary school, high school, secondary school,
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or postsecondary school that is located in Arkansas and receives state funds;
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(B) Any other school or institution that is located in
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Arkansas whose students or teams compete in athletics, sports, or other
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similar activities against an entity defined in subdivision (1)(A) of this
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section; and
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(C) An entity that receives membership fees or any other
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funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of
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this section; and
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(2) "Sex" means a person's immutable biological sex as
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objectively determined by anatomy and genetics existing at the time of birth.
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16-129-104. Participation requirements.
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(a) Any athletics, sports, or other similar activities that are
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sponsored by a covered entity shall be expressly designated for one (1) of
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the following groups based on 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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(b) Members of the male sex are prohibited from an athletics, sports,
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or other similar activity that is expressly designated for females, women, or
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girls.
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16-129-105. Civil cause of action.
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(a) The Attorney General may bring a cause of action for injunctive
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relief and any other relief available under the law or in equity against:
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(1) A covered entity that violates this chapter; and
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(2) The directors, officers, agents, and employees of a covered
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entity that violates this chapter.
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(b) A court that finds a covered entity has violated this chapter
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shall, in addition to awarding any relief requested under subsection (a) of
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this section, enter an injunction barring the covered entity from receiving
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funds from any public source, including without limitation membership fees
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from a school, for a period of one (1) year.
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As enrolled or final
6,338 characters
Stricken language would be deleted from and underlined language would be added to present law.
Act 953 of the Regular Session
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State of Arkansas
As Engrossed: S4/1/21
1
93rd General Assembly
A Bill
2
Regular Session, 2021
SENATE BILL 450
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By: Senators Irvin, Beckham, Bledsoe, Caldwell, A. Clark, B. Davis, J. Dismang, J. English, Flippo, T.
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Garner, Gilmore, K. Hammer, Hester, Hill, B. Johnson, M. Johnson, Rapert, G. Stubblefield, D. Wallace
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By: Representatives Vaught, Barker, Bentley, S. Berry, Brown, Cavenaugh, Christiansen, Cloud,
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Coleman, C. Cooper, Cozart, Crawford, Dalby, M. Davis, C. Fite, Furman, Gonzales, M. Gray, Haak,
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Jett, Ladyman, Lundstrum, J. Mayberry, McGrew, McKenzie, Milligan, Payton, Penzo, Pilkington, Ray,
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Richmond, Rye, B. Smith, Speaks, Tosh, Watson, Wing, Womack
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For An Act To Be Entitled
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AN ACT TO CREATE THE GENDER INTEGRITY REINFORCEMENT
13
LEGISLATION FOR SPORTS (GIRLS) ACT; TO CREATE A LEGAL
14
CAUSE OF ACTION FOR A VIOLATION OF THE GENDER
15
INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS
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(GIRLS) ACT; AND FOR OTHER PURPOSES.
17
18
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Subtitle
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TO CREATE THE GENDER INTEGRITY
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REINFORCEMENT LEGISLATION FOR SPORTS
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(GIRLS) ACT; AND TO CREATE A LEGAL CAUSE
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OF ACTION FOR A VIOLATION OF THE GENDER
24
INTEGRITY REINFORCEMENT LEGISLATION FOR
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SPORTS (GIRLS) ACT.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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SECTION 1. Arkansas Code Title 16 is amended to add a new chapter to
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read as follows:
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Chapter 129
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GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) ACT
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As Engrossed: S4/1/21
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16-129-101. Title.
1
This chapter shall be known and may be cited as the "Gender Integrity
2
Reinforcement Legislation for Sports (GIRLS) Act".
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4
16-129-102. Legislative findings.
5
The General Assembly finds that:
6
(1) Like the United States Senate, the General Assembly
7
recognizes that "athletic participation helps develop self-discipline ...
8
confidence, and leadership skills" S. Res. 398, 115th Cong. (2018);
9
(2) The same United States Senate resolution states that
10
"opportunities for athletic participation should be available to all
11
individuals," both male and female;
12
(3) The same United States Senate resolution also states that,
13
although "the share of athletic participation opportunities of high school
14
girls has increased more than sixfold since the passage of Title IX of the
15
Education Amendments of 1972 . . . high school girls still experience . . . a
16
lower share of athletic participation opportunities than high school boys";
17
(4) According to the same United States Senate resolution,
18
disparities also still remain at the collegiate level;
19
(5) This chapter seeks to address these lingering disparities
20
and, as stated in the same United States Senate resolution, "promote equality
21
in sports and access to athletic opportunities for girls and women";
22
(6) To serve these goals, the General Assembly finds that there
23
are "‘inherent differences between men and women,'" borrowing the words of
24
Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court
25
in United States v. Virginia, 518 U.S. 515, 533 (1996); and
26
(7) As Justice Ginsburg further said, these inherent differences
27
"remain cause for celebration, but not for denigration of the members of
28
either sex or for artificial constraints on an individual's opportunity".
29
30
16-129-103. Definitions.
31
As used in this chapter:
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(1) "Covered entity" means:
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(A) An elementary school, high school, secondary school,
34
or postsecondary school that is located in Arkansas and receives state funds;
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(B) Any other school or institution that is located in
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As Engrossed: S4/1/21
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Arkansas whose students or teams compete in interscholastic, intercollegiate,
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intramural, or club athletic teams or sports against an entity defined in
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subdivision (1)(A) of this section; and
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(C) An entity that receives membership fees or any other
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funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of
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this section; and
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(2) "Sex" means a person's immutable biological sex as
7
objectively determined by anatomy and genetics existing at the time of birth.
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9
16-129-104. Participation requirements.
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(a) Any interscholastic, intercollegiate, intramural, or club athletic
11
teams or sports that are sponsored by a covered entity shall be expressly
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designated for one (1) of the following groups based on sex:
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(1) Males, men, or boys;
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(2) Females, women, or girls; or
15
(3) Coed or mixed.
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(b) Members of the male sex are prohibited from an interscholastic,
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intercollegiate, intramural, or club athletic team or sport that is expressly
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designated for females, women, or girls.
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16-129-105. Civil cause of action.
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(a) The Attorney General may bring a cause of action for injunctive
22
relief and any other relief available under the law or in equity against:
23
(1) A covered entity that knowingly violates this chapter; and
24
(2) The directors, officers, agents, and employees of a covered
25
entity that knowingly violates this chapter.
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(b) A court that finds a covered entity has knowingly violated this
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chapter shall, in addition to awarding any relief requested under subsection
28
(a) of this section, enter an injunction barring the covered entity from
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receiving funds from any public source, including without limitation
30
membership fees from a school, for a period of one (1) year.
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/s/Irvin
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APPROVED: 4/27/21
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