Text of LA SB 44 (2022)

SLS 22RS-79 ORIGINAL 2022 Regular Session SENATE BILL NO. 44 BY SENATOR MIZELL AMUSEMENTS/SPORTS. Provides for the Fairness in Women's Sports Act relative to a school's ability to offer equal opportunities to each student to participate in team sporting events on an equal basis. (8/1/22) 1 AN ACT 2 To enact Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, to be comprised 3 of R.S. 4:441 through 446, relative to athletic activities; to require that schools 4 designate intercollegiate, interscholastic, or intramural athletic teams according to 5 the biological sex of the team members; to provide that teams designated for females 6 are not open to participation by biological males; to provide immunity protections 7 for schools from certain adverse actions; to provide for causes of action; to provide 8 for legislative findings; to provide for definitions; to provide for remedies; and to 9 provide for related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, 12 comprised of R.S. 4:441 through 446, is hereby enacted to read as follows: 13 CHAPTER 7-A. FAIRNESS IN WOMEN'S SPORTS ACT 14 §441. Short title 15 This Chapter shall be known as and may be cited as the "Fairness in 16 Women's Sports Act". 17 §442. Legislative findings Page 1 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 The legislature finds and declares that: 2 (1) Title IX of the Education Amendments Act of 1972, 20 U.S.C. §1681 3 et seq., was designed to ensure that women are free from discrimination on the 4 basis of sex in both education and athletics so that women would be afforded the 5 opportunity to compete for athletic scholarships and to potentially launch their 6 own athletic careers after they have completed their education. 7 (2) The United States Supreme Court has recognized that there are 8 "'[i]nherent differences' between men and women", and that these differences 9 "remain cause for celebration, but not for denigration of the members of either 10 sex or for artificial constraints on an individual's opportunity" in United States 11 v. Virginia, et al., 518 U.S. 515, 533 (1996). 12 (3) Inherent differences between men and women range from 13 chromosomal and hormonal differences to physiological differences resulting 14 in men generally having denser and stronger bones, tendons, and ligaments, 15 larger hearts, greater lung volume per body mass, a higher red blood cell count, 16 and higher hemoglobin as well as higher natural levels of testosterone, which 17 affects traits such as hemoglobin levels, body fat content, the storage and use of 18 carbohydrates, and the development of Type II muscle fibers, all of which result 19 in men generally being able to generate higher speed and power during physical 20 activity. 21 (4) The biological differences between females and males, especially as 22 they relate to natural levels of testosterone, explain the male and female 23 secondary sex characteristics which develop during puberty and have lifelong 24 effects, including those most important for success in sports; categorically, they 25 are strength, speed, and endurance generally found in greater degrees in 26 biological males than biological females. 27 (5) While classifications based on sex are generally disfavored, the 28 United States Supreme Court has recognized that sex classifications may be 29 used to compensate women "for particular economic disabilities [they have] Page 2 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 suffered," (see Califano v. Webster, 430 U.S. 313, 320 (1977)(per curiam)), to 2 promote equal employment opportunity and "to guarantee women the basic 3 right to participate fully and equally," (see California Fed. Sav. & Loan Assn. 4 v. Guerra, 479 U.S. 272, 289 (1987)), and "to advance full development of the 5 talent and capacities of our Nation's people." (see United States v. Virginia, et al., 6 supra, 518 U.S. 515, 533 (1996)). 7 (6) In furtherance of the goals set forth in United States v. Virginia, et al., 8 518 U.S. at 533, one area where sex classifications should allow for the "full 9 development of the talent and capacities of our Nation's people" is in the area 10 of sports and athletics. 11 (7) A recent study of female and male Olympic performances found that, 12 although athletes from both sexes improved over the time span, the athletic 13 gender performance gap between female and male performances remained 14 stable. These studies suggest that women's performances at a high level will 15 never match those of men. The evidence is unequivocal that, starting in puberty, 16 in every sport except sailing, shooting, and riding, there will always be 17 significant numbers of boys and men who would prevail over the best girls and 18 women in head-to-head competition. Claims to the contrary are simply a denial 19 of science. 20 (8) Scientific studies have established that the benefits that natural 21 testosterone provides to male athletes is not diminished through the use of 22 testosterone suppression. A recent study on the impact of such treatments found 23 that, even after twelve months of testosterone suppression, the "superior 24 anthropometric, muscle mass, and strength parameters achieved by males at 25 puberty, and underpinning a considerable portion of the male performance 26 advantage over females, are not removed". 27 (9) Having separate sex-specific teams furthers efforts to promote sex 28 equality. Sex-specific teams accomplish this by providing opportunities for 29 female athletes to demonstrate their skill, strength, and athletic abilities while Page 3 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 also providing them with opportunities to obtain recognition, accolades, 2 scholarships, better physical and mental health, and the numerous other 3 long-term benefits that flow from success in athletic endeavors. 4 §443. Definitions 5 In this Chapter, unless otherwise indicated, the following definitions 6 shall apply: 7 (1) "Biological sex" means a statement of a student's biological sex on 8 the student's official birth certificate which is entered at or near the time of the 9 student's birth. 10 (2) "Postsecondary education board member" means a person who 11 serves as a board member or officer of a postsecondary education management 12 board. 13 (3) "Postsecondary education management board" means a board which 14 governs postsecondary educational institutions, pursuant to R.S. 17:3351. 15 (4) "Schools" means all of the following: 16 (a) A public elementary or secondary school. 17 (b) A nonpublic elementary or secondary school that receives state funds. 18 (c) A public postsecondary educational institution. 19 (d) A nonpublic postsecondary educational institution that receives state 20 funds. 21 (5) "School coach" means a person who is a coach or assistant coach, 22 whether paid or on a volunteer basis, of a school intercollegiate, interscholastic, 23 or intramural athletic team or sporting event. 24 (6) "School board" means a school board or school governing authority 25 subject to the provisions of R.S. 17:81 or any nonpublic school governing 26 authority. 27 (7) "School employee" means a person who is employed by a school, a 28 school board, a postsecondary education management board, or any 29 postsecondary institution under the authority of a postsecondary education Page 4 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 management board. 2 (8) "School board member" means a person who serves as a board 3 member or officer for a school board or school governing authority subject to 4 the provisions of R.S. 17:81 or for any nonpublic school governing authority. 5 §444. Designation of athletic teams 6 A. Each intercollegiate, interscholastic, or intramural athletic team or 7 sporting event that is sponsored by a school and that receives state funding shall 8 be expressly designated, based upon biological sex, as only one of the following: 9 (1) Except as provided in Subsection C of this Section, a male, boys', or 10 men's team or event shall be for those students who are biological males. 11 (2) A female, girls', or women's team or event shall be for those students 12 who are biological females. 13 (3) A coeducational or mixed team or event shall be open for 14 participation by biological females and biological males. 15 B. Athletic teams or sporting events designated for females, girls, or 16 women shall not be open to students who are not biologically female. 17 C. Nothing in this Chapter shall be construed to restrict the eligibility of 18 any student to participate in any intercollegiate, interscholastic, or intramural 19 athletic team or sport designated as "male", "men's", or "boy's", or designated 20 as "coed" or "mixed". 21 D. Nothing in this Chapter is intended to prevent any school from 22 implementing or maintaining a coeducational or mixed athletic team or sporting 23 event which is open to both biological males and biological females so long as a 24 female, girls', or women's athletic team or sporting event is not disbanded for 25 the purpose of creating a coeducational or mixed team or event which would 26 thereby result to the detriment of students of the female biological sex. 27 §445. Protection of educational institutions; limitation on liability 28 A. No government entity, licensing or accrediting organization, or 29 athletic association shall entertain a complaint, open an investigation, or take Page 5 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 any other adverse action against a school, school board, or postsecondary 2 education management board for maintaining a separate intercollegiate, 3 interscholastic, or intramural athletic team or athletic event reserved for 4 students of the female biological sex. 5 B. No cause of action may be maintained against any school, school 6 coach, school employee, school board, school board employee, school board 7 member, postsecondary education board, or postsecondary education board 8 member who prohibits a biological male from participating in a female, girls', 9 or women's athletic team or sporting event pursuant to the requirements of this 10 Chapter. 11 §446. Remedies; cause of action 12 A. A biological female student who is deprived of an athletic opportunity 13 or suffers or is likely to suffer from any direct or indirect harm as a result of a 14 violation of this Chapter may assert that violation as a cause of action for 15 remedies provided for in Subsection D of this Section. Requiring a biological 16 female to compete against a biological male on a team that is designated as a 17 "female", "girls'", or "women's" team is inherently discriminatory to biological 18 females and is a cognizable harm to biological females under this Chapter. 19 B. A biological female student who is subjected to retaliation or other 20 adverse action by a school, athletic association, or other organization as a result 21 of reporting a violation of this Chapter to an employee or representative of the 22 school, athletic association, or to any local, state, or federal agency with 23 oversight of schools shall have a cause of action for remedies provided for in 24 Subsection D of this Section. 25 C. For purposes of this Chapter, the designation of "female" entered on 26 the student's official birth certificate at or near the time of the student's birth 27 creates a rebuttable presumption that the student's biological sex is female. 28 D. A school, school coach, school employee, school board, school board 29 employee, school board member, postsecondary education board, or Page 6 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL 1 postsecondary education board member who suffers any direct or indirect harm 2 for prohibiting a biological male from participating in a female, girls', or 3 women's athletic team or sporting event pursuant to the requirements of this 4 Chapter shall have a cause of action for remedies provided for in Subsection D 5 of this Section. 6 E. Any person who brings a cause of action pursuant to this Chapter 7 may obtain appropriate relief, including but not limited to: 8 (1) Injunctive relief, protective order, writ of mandamus or a 9 prohibition, or declaratory relief to prevent any violation of this Chapter. 10 (2) Actual damages, reasonable attorney fees, and costs. 11 F. All civil actions under this Chapter must be initiated within two years 12 from the date that the harm occurred. 13 Section 2. If any provision or item of this Act, or the application thereof, is held 14 invalid, such invalidity shall not affect other provisions, items, or applications of the Act 15 which can be given effect without the invalid provision, item, or application and to this end 16 the provisions of this Act are hereby declared severable. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Carla S. Roberts. DIGEST SB 44 Original 2022 Regular Session Mizell Proposed law, the "Fairness in Women's Sports Act", requires an athletic team or sporting event sponsored by an elementary, secondary, or postsecondary educational institution to be designated, based upon the biological sex of team members, as only one of the following: (1) A males', boys', or men's team or event only for students who are biological males. (2) A females', girls', or women's team or event only for students who are biological females. (3) A coeducational or mixed team or event for students who are biological males or biological females. Proposed law provides for definitions. Proposed law provides that "biological sex" means a statement of a student's biological sex on the student's official birth certificate which is entered at or near the time of the student's birth. Proposed law prohibits a team designated for females, girls, or women from being open to students who are not biologically female. Page 7 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL Proposed law provides that nothing in proposed law will be construed to restrict the eligibility of any student to participate in any intercollegiate, interscholastic, or intramural athletic teams or sports designated as "males", "men", or "boys" or designated as "coed" or "mixed". Proposed law the designation of "female" entered on the student's official birth certificate at or near the time of the student's birth creates a legal presumption that the student's biological sex is female. Proposed law provides that nothing in proposed law is intended to prevent any school from implementing or maintaining a coed athletic team or sporting event which is open to both biological males and biological females so long as a female athletic team or sporting event is not disbanded for the purpose of creating a coed team or event which would thereby result to the detriment of biological female students. Proposed law prohibits any governmental entity, licensing, or accrediting organization, or athletic association from entertaining a complaint, opening an investigation, or taking any other adverse action against a school, school board, or postsecondary education management board for maintaining separate teams for females and males as provided by proposed law. Proposed law provides that no cause of action may be maintained against any school, school board, school coach, school employee, school board member, postsecondary education management board, or postsecondary education board member that prohibits a biological male from participating in a female, girls', or women's athletic team or sporting event pursuant to the requirements of proposed law. Proposed law provides that certain persons are entitled to legal causes of action and legal remedies under proposed law as follows: (1) A biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of proposed law. Proposed law provides that requiring a biological female to compete against a biological male on a team that is designated as a "female", "girls'", or "women's" team is inherently discriminatory to biological females and is a cognizable harm under proposed law. (2) Any biological female student who is subjected to retaliation or other adverse action by a school, athletic association, or other organization as a result of reporting a violation of proposed law to an employee or representative of the school, athletic association, or to any local, state, or federal agency with oversight of schools. (3) Any school, school coach, school employee, school board, school board employee, school board member, postsecondary education board, or postsecondary education board member that suffers any direct or indirect harm for prohibiting a biological male from participating in a female, girls', or women's athletic team or sporting event. Proposed law provides that any person who is entitled to bring a cause of action pursuant to proposed law may obtain the following relief: (1) A court ordered injunction, a protective order, a writ of mandamus or prohibition, or a declaratory judgment to prevent any violation of proposed law. (2) Actual damages suffered, reasonable attorney fees, and costs. Proposed law provides that any civil action pursuant to proposed law must be initiated within two years from the date that the harm occurred. Page 8 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 SLS 22RS-79 ORIGINAL Proposed law provides for legislative findings. Effective August 1, 2022. (Adds R.S. 4:441-446) Page 9 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

2022 Regular Session ENROLLED SENATE BILL NO. 44 BY SENATORS MIZELL, ABRAHAM, ALLAIN, CORTEZ, FESI, FOIL, HENRY, HENSGENS, HEWITT, LAMBERT, MILLIGAN, ROBERT MILLS, MORRIS, PEACOCK, POPE, REESE, STINE, TALBOT, TARVER, WARD, WHITE AND WOMACK AND REPRESENTATIVES AMEDEE, BACALA, BUTLER, CREWS, DAVIS, DEVILLIER, EDMONDS, EDMONSTON, EMERSON, FARNUM, FIRMENT, FONTENOT, FRIEMAN, GADBERRY, GAROFALO, GOUDEAU, HARRIS, HODGES, HORTON, MIKE JOHNSON, MCFARLAND, MIGUEZ, MINCEY, CHARLES OWEN, PRESSLY, RISER, ROMERO, SCHAMERHORN, SCHLEGEL, SEABAUGH, THOMPSON, VILLIO, WHEAT AND WHITE 1 AN ACT 2 To enact Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, to be comprised 3 of R.S. 4:441 through 446, relative to athletic activities; to require that schools 4 designate intercollegiate and interscholastic athletic teams according to the biological 5 sex of the team members; to provide that teams designated for females are not open 6 to participation by biological males; to provide immunity protections for schools 7 from certain adverse actions; to provide for causes of action; to provide for 8 legislative findings; to provide for definitions; to provide for remedies; and to 9 provide for related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. Chapter 7-A of Title 4 of the Louisiana Revised Statutes of 1950, 12 comprised of R.S. 4:441 through 446, is hereby enacted to read as follows: 13 CHAPTER 7-A. FAIRNESS IN WOMENS SPORTS ACT 14 §441. Short title 15 This Chapter shall be known as and may be cited as the "Fairness in 16 Womens Sports Act". 17 §442. Legislative findings 18 The legislature finds and declares that: 19 (1) Title IX of the Education Amendments Act of 1972, 20 U.S.C. §1681 ACT No. 283 Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 et seq., was designed to ensure that women are free from discrimination on the 2 basis of sex in both education and athletics so that women would be afforded the 3 opportunity to compete for athletic scholarships and to potentially launch their 4 own athletic careers after they have completed their education. 5 (2) The United States Supreme Court has recognized that there are 6 "'[i]nherent differences' between men and women", and that these differences 7 "remain cause for celebration, but not for denigration of the members of either 8 sex or for artificial constraints on an individual's opportunity" in United States 9 v. Virginia, et al., 518 U.S. 515, 533 (1996). 10 (3) Inherent differences between men and women range from 11 chromosomal and hormonal differences to physiological differences resulting 12 in men generally having denser and stronger bones, tendons, and ligaments, 13 larger hearts, greater lung volume per body mass, a higher red blood cell count, 14 and higher hemoglobin as well as higher natural levels of testosterone, which 15 affects traits such as hemoglobin levels, body fat content, the storage and use of 16 carbohydrates, and the development of Type II muscle fibers, all of which result 17 in men generally being able to generate higher speed and power during physical 18 activity. 19 (4) The biological differences between females and males, especially as 20 they relate to natural levels of testosterone, explain the male and female 21 secondary sex characteristics which develop during puberty and have lifelong 22 effects, including those most important for success in sports; categorically, they 23 are strength, speed, and endurance generally found in greater degrees in 24 biological males than biological females. 25 (5) While classifications based on sex are generally disfavored, the 26 United States Supreme Court has recognized that sex classifications may be 27 used to compensate women "for particular economic disabilities [they have] 28 suffered," (see Califano v. Webster, 430 U.S. 313, 320 (1977)(per curiam)), to 29 promote equal employment opportunity and "to guarantee women the basic 30 right to participate fully and equally," (see California Fed. Sav. & Loan Assn. Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 v. Guerra, 479 U.S. 272, 289 (1987)), and "to advance full development of the 2 talent and capacities of our Nation's people." (see United States v. Virginia, et al., 3 supra, 518 U.S. 515, 533 (1996)). 4 (6) In furtherance of the goals set forth in United States v. Virginia, et al., 5 518 U.S. at 533, one area where sex classifications should allow for the "full 6 development of the talent and capacities of our Nation's people" is in the area 7 of sports and athletics. 8 (7) A recent study of female and male Olympic performances found that, 9 although athletes from both sexes improved over the time span, the athletic 10 gender performance gap between female and male performances remained 11 stable. These studies suggest that women's performances at a high level will 12 never match those of men. The evidence is unequivocal that, starting in puberty, 13 in every sport except sailing, shooting, and riding, there will always be 14 significant numbers of boys and men who would prevail over the best girls and 15 women in head-to-head competition. Claims to the contrary are simply a denial 16 of science. 17 (8) Scientific studies have established that the benefits that natural 18 testosterone provides to male athletes is not diminished through the use of 19 testosterone suppression. A recent study on the impact of such treatments found 20 that, even after twelve months of testosterone suppression, the "superior 21 anthropometric, muscle mass, and strength parameters achieved by males at 22 puberty, and underpinning a considerable portion of the male performance 23 advantage over females, are not removed". 24 (9) Having separate sex-specific teams furthers efforts to promote sex 25 equality. Sex-specific teams accomplish this by providing opportunities for 26 female athletes to demonstrate their skill, strength, and athletic abilities while 27 also providing them with opportunities to obtain recognition, accolades, 28 scholarships, better physical and mental health, and the numerous other 29 long-term benefits that flow from success in athletic endeavors. 30 §443. Definitions Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 In this Chapter, unless otherwise indicated, the following definitions 2 shall apply: 3 (1) "Biological sex" means a statement of a student's biological sex on 4 the student's official birth certificate which is entered at or near the time of the 5 student's birth. 6 (2) "Postsecondary education board member" means a person who 7 serves as a board member or officer of a postsecondary education management 8 board. 9 (3) "Postsecondary education management board" means a board which 10 governs postsecondary educational institutions, pursuant to R.S. 17:3351. 11 (4) "Schools" means all of the following: 12 (a) A public elementary or secondary school. 13 (b) A nonpublic elementary or secondary school that receives state funds. 14 (c) A public postsecondary educational institution. 15 (d) A nonpublic postsecondary educational institution that receives state 16 funds. 17 (5) "School coach" means a person who is a coach or assistant coach, 18 whether paid or on a volunteer basis, of a school intercollegiate or 19 interscholastic athletic team or sporting event. 20 (6) "School board" means a school board or school governing authority 21 subject to the provisions of R.S. 17:81 or any nonpublic school governing 22 authority. 23 (7) "School employee" means a person who is employed by a school, a 24 school board, a postsecondary education management board, or any 25 postsecondary institution under the authority of a postsecondary education 26 management board. 27 (8) "School board member" means a person who serves as a board 28 member or officer for a school board or school governing authority subject to 29 the provisions of R.S. 17:81 or for any nonpublic school governing authority. 30 §444. Designation of athletic teams Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 A. Each intercollegiate or interscholastic athletic team or sporting event 2 that is sponsored by a school and that receives state funding shall be expressly 3 designated, based upon biological sex, as only one of the following: 4 (1) Except as provided in Subsection C of this Section, a male, boys, or 5 mens team or event shall be for those students who are biological males. 6 (2) A female, girls, or womens team or event shall be for those students 7 who are biological females. 8 (3) A coeducational or mixed team or event shall be open for 9 participation by biological females and biological males. 10 B. Athletic teams or sporting events designated for females, girls, or 11 women shall not be open to students who are not biologically female. 12 C. Nothing in this Chapter shall be construed to restrict the eligibility of 13 any student to participate in any intercollegiate or interscholastic athletic team 14 or sport designated as "male", "mens", or "boys", or designated as "coed" or 15 "mixed". 16 D. Nothing in this Chapter is intended to prevent any school from 17 implementing or maintaining a coeducational or mixed athletic team or sporting 18 event which is open to both biological males and biological females so long as a 19 female, girls, or womens athletic team or sporting event is not disbanded for the 20 purpose of creating a coeducational or mixed team or event which would 21 thereby result to the detriment of students of the female biological sex. 22 E. Nothing in this Chapter shall be construed to apply to an intramural 23 athletic team or intramural sport. 24 §445. Protection of educational institutions; limitation on liability 25 A. No government entity, licensing or accrediting organization, or 26 athletic association shall entertain a complaint, open an investigation, or take 27 any other adverse action against a school, school board, or postsecondary 28 education management board for maintaining a separate intercollegiate or 29 interscholastic athletic team or athletic event reserved for students of the female 30 biological sex. Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 B. No cause of action may be maintained against any school, school 2 coach, school employee, school board, school board employee, school board 3 member, postsecondary education board, or postsecondary education board 4 member who prohibits a biological male from participating in a female, girls, 5 or womens athletic team or sporting event pursuant to the requirements of this 6 Chapter. 7 §446. Remedies; cause of action 8 A. A biological female student who is deprived of an athletic opportunity 9 or suffers or is likely to suffer from any direct or indirect harm as a result of a 10 violation of this Chapter may assert that violation as a cause of action for 11 remedies provided for in Subsection E of this Section. Requiring a biological 12 female to compete against a biological male on a team that is designated as a 13 "female", "girls", or "womens" team is inherently discriminatory to biological 14 females and is a cognizable harm to biological females under this Chapter. 15 B. A biological female student who is subjected to retaliation or other 16 adverse action by a school, athletic association, or other organization as a result 17 of reporting a violation of this Chapter to an employee or representative of the 18 school, athletic association, or to any local, state, or federal agency with 19 oversight of schools shall have a cause of action for remedies provided for in 20 Subsection E of this Section. 21 C. For purposes of this Chapter, the designation of "female" entered on 22 the student's official birth certificate at or near the time of the student's birth 23 creates a rebuttable presumption that the student's biological sex is female. 24 D. A school, school coach, school employee, school board, school board 25 employee, school board member, postsecondary education board, or 26 postsecondary education board member who suffers any direct or indirect harm 27 for prohibiting a biological male from participating in a female, girls, or 28 womens athletic team or sporting event pursuant to the requirements of this 29 Chapter shall have a cause of action for remedies provided for in Subsection E 30 of this Section. Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 44 ENROLLED 1 E. Any person who brings a cause of action pursuant to this Chapter 2 may obtain appropriate relief, including but not limited to: 3 (1) Injunctive relief, protective order, writ of mandamus or a 4 prohibition, or declaratory relief to prevent any violation of this Chapter. 5 (2) Actual damages, reasonable attorney fees, and costs. 6 F. All civil actions under this Chapter must be initiated within two years 7 from the date that the harm occurred. 8 Section 2. If any provision or item of this Act, or the application thereof, is held 9 invalid, such invalidity shall not affect other provisions, items, or applications of the Act 10 which can be given effect without the invalid provision, item, or application and to this end 11 the provisions of this Act are hereby declared severable. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.