Text of MD HB 63 (2026)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0063* HOUSE BILL 63 F1, D5 6lr0761 (PRE–FILED) By: Delegates Szeliga, Arikan, Chisholm, Fisher, Grammer, M. Morgan, and Nawrocki Requested: September 4, 2025 Introduced and read first time: January 14, 2026 Assigned to: Ways and Means A BILL ENTITLED AN ACT concerning 1 Education – Interscholastic and Intramural Junior Varsity and Varsity Teams 2 and Locker Rooms – Designation Based on Sex 3 (Fairness in Girls’ Sports Act) 4 FOR the purpose of requiring certain interscholastic and intramural junior varsity and 5 varsity athletic teams or sports sponsored by certain schools and certain locker 6 rooms to be expressly designated based on biological sex; prohibiting certain entities 7 from taking certain adverse actions against a school for maintaining separate 8 interscholastic and intramural junior varsity and varsity athletic teams or sports, or 9 locker rooms for students of the female sex; providing that certain individuals have 10 the right to bring a civil action under certain circumstances; and generally relating 11 to interscholastic and intramural junior varsity and varsity teams and sports and 12 locker rooms in public and nonpublic schools. 13 BY adding to 14 Article – Education 15 Section 7–118 16 Annotated Code of Maryland 17 (2025 Replacement Volume and 2025 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Education 21 7–118. 22 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 23 2 HOUSE BILL 63 INDICATED. 1 (2) “LOCKER ROOM” MEANS A DEDICATED SPACE WHERE A STUDENT 2 CAN CHANGE CLOTHES AND STORE BELONGINGS AND WHERE PARTIAL OR FULL 3 DISROBING IS EXPECTED. 4 (3) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOSE 5 BIOLOGICAL SEX IS FEMALE. 6 (4) “STUDENT OF THE MALE SEX” MEANS A STUDENT WHOSE 7 BIOLOGICAL SEX IS MALE. 8 (B) THIS SECTION APPLIES TO: 9 (1) PUBLIC HIGH SCHOOLS; AND 10 (2) NONPUBLIC HIGH SCHOOLS WHOSE STUDENT ATHLETES OR 11 ATHLETIC TEAMS COMPETE AGAINST STUDENT ATHLETES OR ATHLETIC TEAMS 12 FROM PUBLIC HIGH SCHOOLS IN THE STATE. 13 (C) (1) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 14 VARSITY ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A PUBLIC OR 15 NONPUBLIC HIGH SCHOOL SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 16 FOLLOWING BASED ON BIOLOGICAL SEX: 17 (I) A BOYS’, MALE, OR MEN’S TEAM OR SPORT; 18 (II) A GIRLS’, FEMALE, OR WOMEN’S TEAM OR SPORT; OR 19 (III) A COEDUCATIONAL OR MIXED TEAM OR SPORT. 20 (2) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 21 VARSITY ATHLETIC TEAM OR SPORT DESIGNATED FOR GIRLS, FEMALES, OR WOMEN 22 MAY NOT INCLUDE STUDENTS OF THE MALE SEX. 23 (D) (1) A PUBLIC SCHOOL OR NONPUBLIC SCHOOL UNDER SUBSECTION 24 (B) OF THIS SECTION SHALL EXPRESSLY DESIGNATE A LOCKER ROOM AS ONE OF THE 25 FOLLOWING BASED ON BIOLOGICAL SEX: 26 (I) A BOYS’, MALE, OR MEN’S LOCKER ROOM; OR 27 (II) A GIRLS’, FEMALE, OR WOMEN’S LOCKER ROOM. 28 HOUSE BILL 63 3 (2) A LOCKER ROOM THAT IS USED BY AN INTERSCHOLASTIC OR 1 INTRAMURAL JUNIOR VARSITY ATHLETIC TEAM DESIGNATED FOR GIRLS, FEMALES, 2 OR WOMEN MAY NOT BE USED BY STUDENTS OF THE MALE SEX. 3 (E) A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING 4 ORGANIZATION, OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ACCEPT 5 A COMPLAINT, CONDUCT AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE ACTION 6 AGAINST A SCHOOL FOR MAINTAINING SEPARATE INTERSCHOLASTIC OR 7 INTRAMURAL JUNIOR VARSITY OR VARSITY ATHLETIC TEAMS OR SPORTS OR 8 LOCKER ROOMS DESIGNATED FOR STUDENTS OF THE FEMALE SEX. 9 (F) (1) (I) A STUDENT WHO IS DEPRIVED OF AN ATHLETIC 10 OPPORTUNITY OR SUFFERS ANY DIRECT OR INDIRECT HARM AS A RESULT OF A 11 VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE 12 STUDENT ATTENDS. 13 (II) A STUDENT WHO IS SUBJECT TO RETALIATION OR OTHER 14 ADVERSE ACTION BY A SCHOOL OR AN ATHLETIC ASSOCIATION OR ORGANIZATION 15 AS A RESULT OF REPORTING A VIOLATION OF THIS SECTION TO AN EMPLOYEE OR 16 REPRESENTATIVE OF THE SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION, OR 17 ANY STATE OR FEDERAL AGENCY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 18 BRING A CIVIL ACTION AGAINST THE SCHOOL OR ATHLETIC ASSOCIATION OR 19 ORGANIZATION. 20 (III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRECT HARM 21 FROM A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING ORGANIZATION, 22 OR AN ATHLETIC ASSOCIATION OR ORGANIZATION AS A RESULT OF A VIOLATION OF 23 THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE GOVERNMENTAL ENTITY, 24 LICENSING OR ACCREDITING ORGANIZATION, OR ATHLETIC ASSOCIATION OR 25 ORGANIZATION. 26 (2) A CIVIL ACTION INITIATED UNDER THIS SECTION MUST BE 27 INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 28 (3) AN INDIVIDUAL WHO PREVAILS IN A CIVIL ACTION UNDER THIS 29 SECTION MAY RECOVER: 30 (I) MONETARY DAMAGES, INCLUDING DAMAGES FOR ANY 31 PSYCHOLOGICAL, EMOTIONAL, AND PHYSICAL HARM SUFFERED; 32 (II) REASONABLE ATTORNEY’S FEES AND COSTS; AND 33 (III) ANY OTHER RELIEF, INCLUDING AN INJUNCTION, AS THE 34 4 HOUSE BILL 63 COURT MAY DETERMINE APPROPRIATE. 1 (G) THIS SECTION MAY BE KNOWN AND CITED AS THE FAIRNESS IN GIRLS’ 2 SPORTS ACT. 3 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 4 the application of any provision of this Act to any person or circumstance is held invalid for 5 any reason in a court of competent jurisdiction, the provision shall be construed to give the 6 provision the maximum effect permitted by law unless the provision is held to be absolutely 7 invalid. 8 SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 9 the application of any provision of this Act to any person or circumstance is held invalid for 10 any reason in a court of competent jurisdiction, the invalidity does not affect other 11 provisions or any other application of this Act that can be given effect without the invalid 12 provision or application, and for this purpose the provisions of this Act are declared 13 severable. 14 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 1, 2026. 16