Text of MD SB 588 (2025)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0588* SENATE BILL 588 F1, D5 5lr1426 SB 381/24 – EEE By: Senators Carozza, Bailey, Gallion, Mautz, and Watson Introduced and read first time: January 23, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 Education – Interscholastic and Intramural Junior Varsity and Varsity Teams 2 and Sports – Designation 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 to be expressly 6 designated in a certain manner; prohibiting certain interscholastic and intramural 7 junior varsity and varsity athletic teams or sports from including certain students; 8 prohibiting certain entities from taking certain adverse actions against a school for 9 maintaining separate interscholastic and intramural junior varsity and varsity 10 athletic teams and sports for students of the female sex; authorizing certain students 11 to bring a civil action against certain entities under certain circumstances; and 12 generally relating to interscholastic and intramural junior varsity and varsity teams 13 and sports of public and nonpublic schools. 14 BY adding to 15 Article – Education 16 Section 7–118 17 Annotated Code of Maryland 18 (2022 Replacement Volume and 2024 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 That the Laws of Maryland read as follows: 21 Article – Education 22 7–118. 23 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 24 INDICATED. 25 2 SENATE BILL 588 (2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOSE 1 BIOLOGICAL SEX IS FEMALE. 2 (3) “STUDENT OF THE MALE SEX” MEANS A STUDENT WHOSE 3 BIOLOGICAL SEX IS MALE. 4 (B) THIS SECTION APPLIES TO: 5 (1) PUBLIC HIGH SCHOOLS; AND 6 (2) NONPUBLIC HIGH SCHOOLS FOR WHICH THE STUDENT ATHLETES 7 OR ATHLETIC TEAMS COMPETE AGAINST STUDENT ATHLETES OR ATHLETIC TEAMS 8 FROM PUBLIC HIGH SCHOOLS IN THE STATE. 9 (C) (1) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 10 VARSITY ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A PUBLIC OR 11 NONPUBLIC HIGH SCHOOL SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 12 FOLLOWING: 13 (I) A BOYS’, MALE, OR MEN’S TEAM OR SPORT; 14 (II) A GIRLS’, FEMALE, OR WOMEN’S TEAM OR SPORT; OR 15 (III) A COEDUCATIONAL OR MIXED TEAM OR SPORT. 16 (2) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 17 VARSITY ATHLETIC TEAM OR SPORT DESIGNATED FOR GIRLS, FEMALES, OR WOMEN 18 MAY NOT INCLUDE STUDENTS OF THE MALE SEX. 19 (D) A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING 20 ORGANIZATION, OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ACCEPT 21 A COMPLAINT, CONDUCT AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE ACTION 22 AGAINST A SCHOOL FOR MAINTAINING SEPARATE INTERSCHOLASTIC OR 23 INTRAMURAL JUNIOR VARSITY OR VARSITY ATHLETIC TEAMS OR SPORTS FOR 24 STUDENTS OF THE FEMALE SEX. 25 (E) (1) A STUDENT WHO IS DEPRIVED OF AN ATHLETIC OPPORTUNITY OR 26 SUFFERS ANY DIRECT OR INDIRECT HARM AS A RESULT OF A VIOLATION OF THIS 27 SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE STUDENT ATTENDS. 28 (2) A STUDENT WHO IS SUBJECT TO RETALIATION OR OTHER 29 ADVERSE ACTION BY A SCHOOL OR AN ATHLETIC ASSOCIATION OR ORGANIZATION 30 SENATE BILL 588 3 AS A RESULT OF REPORTING A VIOLATION OF THIS SECTION TO AN EMPLOYEE OR 1 REPRESENTATIVE OF THE SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION, OR 2 ANY STATE OR FEDERAL AGENCY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 3 BRING A CIVIL ACTION AGAINST THE SCHOOL OR ATHLETIC ASSOCIATION OR 4 ORGANIZATION. 5 (F) THIS SECTION MAY BE KNOWN AND CITED AS THE FAIRNESS IN GIRLS’ 6 SPORTS ACT. 7 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 8 the application thereof to any person or circumstance is held invalid for any reason in a 9 court of competent jurisdiction, the provision shall be construed to give the provision the 10 maximum effect permitted by law unless the provision is held to be absolutely invalid. 11 SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 12 the application thereof to any person or circumstance is held invalid for any reason in a 13 court of competent jurisdiction, the invalidity does not affect other provisions or any other 14 application of this Act that can be given effect without the invalid provision or application, 15 and for this purpose the provisions of this Act are declared severable. 16 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17 1, 2025. 18