Text of AR SJR 16 (2021)

Stricken language would be deleted from and underlined language would be added to the Arkansas Constitution. *MBM074* 2/10/2021 9:43:01 AM MBM074 State of Arkansas 1 93rd General Assembly 2 Regular Session, 2021 SJR 16 3 4 By: Senator A. Clark 5 6 SENATE JOINT RESOLUTION 7 AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING 8 THAT INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAMS 9 THAT ARE SPONSORED BY A PUBLIC SCHOOL SHALL BE 10 EXPRESSLY DESIGNATED BASED ON BIOLOGICAL SEX; AND 11 PROVIDING THAT ATHLETIC TEAMS OR SPORTS DESIGNATED 12 FOR "FEMALES", "WOMEN", OR "GIRLS" SHALL NOT BE OPEN 13 TO STUDENTS OF THE MALE SEX AND ATHLETIC TEAMS OR 14 SPORTS DESIGNATED FOR "MALES", "MEN", OR "BOYS" SHALL 15 NOT BE OPEN TO STUDENTS OF THE FEMALE SEX. 16 17 18 Subtitle 19 AN AMENDMENT TO THE ARKANSAS CONSTITUTION 20 PROVIDING THAT INTERSCHOLASTIC OR 21 INTRAMURAL ATHLETIC TEAMS THAT ARE 22 SPONSORED BY A PUBLIC SCHOOL SHALL BE 23 EXPRESSLY DESIGNATED BASED ON BIOLOGICAL 24 SEX. 25 26 27 BE IT RESOLVED BY THE SENATE OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE 28 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 29 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 30 31 That the following is proposed as an amendment to the Constitution of 32 the State of Arkansas, and upon being submitted to the electors of the state 33 for approval or rejection at the next general election for Representatives 34 and Senators, if a majority of the electors voting thereon at the election 35 adopt the amendment, the amendment shall become a part of the Constitution of 36 SJR16 2 2/10/2021 9:43:01 AM MBM074 the State of Arkansas, to wit: 1 2 SECTION 1. Arkansas Constitution, Article 14, is amended to add an 3 additional section to read as follows: 4 § 5. Designation of athletic teams. 5 (a) The provisions of this section are part of the maintenance of a 6 general, suitable, and efficient system of free public schools under Arkansas 7 Constitution, Article 14, § 1, by ensuring that students are able to compete 8 freely and are given an equitable opportunity in interscholastic and 9 intramural athletic competition. 10 (b) Interscholastic or intramural athletic teams that are sponsored by 11 a public school shall be expressly designated as one (1) of the following 12 based on biological sex: 13 (1) "Males", "men", or "boys"; 14 (2) "Females", "women", or "girls"; or 15 (3) "Coed" or "mixed". 16 (c)(1) Athletic teams or sports designated for "females", "women", or 17 "girls" shall not be open to students of the male sex. 18 (2) Athletic teams or sports designated for "males", "men", or 19 "boys" shall not be open to students of the female sex. 20 (d) If disputed, a student may establish his or her sex by presenting 21 a signed physician's statement that shall indicate the student's sex based 22 solely upon: 23 (1) The student's internal and external reproductive anatomy; 24 (2) The student's normally endogenously produced level of 25 testosterone; and 26 (3) An analysis of the student's genetic makeup. 27 (e) The General Assembly may enact laws to implement this section, 28 including without limitation laws concerning: 29 (1) Protections for public schools from complaints, 30 investigations, or other adverse actions for maintaining separate 31 interscholastic or intramural athletic teams or sports for students of the 32 male and female sex; and 33 (2) Causes of action for injunctive relief, damages, and any 34 other relief available under law for: 35 (A) A student who is deprived of an athletic opportunity 36 SJR16 3 2/10/2021 9:43:01 AM MBM074 or who suffers direct or indirect harm resulting from a violation of this 1 section; 2 (B) A student who is subject to retaliation or other 3 adverse action by a public school as a result of reporting a violation of 4 this section; or 5 (C) A public school that suffers any direct or indirect 6 harm as a result of a violation of this section. 7 8 SECTION 2. EFFECTIVE DATE. This amendment shall be effective on and 9 after November 9, 2022. 10 11 SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed 12 amendment is submitted to the electors of this state on the general election 13 ballot: 14 (1) The title of this Joint Resolution shall be the ballot 15 title; and 16 (2) The popular name shall be "A Constitutional Amendment 17 Providing that Interscholastic or Intramural Athletic Teams that are 18 Sponsored by a Public School Shall Be Expressly Designated Based on 19 Biological Sex and Providing that Athletic Teams or Sports Designated for 20 "Females", "Women", or "Girls" Shall Not Be Open to Students of the Male Sex 21 and Athletic Teams or Sports Designated for "Males", "Men", or "Boys" Shall 22 Not Be Open to Students of the Female Sex". 23 24 25 26 27 28 29 30 31 32 33 34 35 36