Text of NM HM 57 (2023)
Importance Of Biological Males & Females
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HOUSE MEMORIAL 57
56TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2023
INTRODUCED BY
Cathrynn N. Brown and Jenifer Jones and Harlan Vincent and
Andrea Reeb and Rod Montoya
A MEMORIAL
RECOGNIZING THE IMPORTANCE OF THE DIFFERENCES BETWEEN
BIOLOGICAL MALES AND FEMALES AND SUPPORTING THE REQUIREMENT
THAT SCHOOLS PROHIBIT BIOLOGICAL MALE PARTICIPATION ON FEMALE
ATHLETIC TEAMS.
WHEREAS, there are only two biological sexes: male and
female; and
WHEREAS, a person's biological sex is determined at
fertilization and revealed in utero or at birth; and
WHEREAS, biological differences between males and females
are genetically determined; and
WHEREAS, characteristic anatomical differences and
distinct body types exist between males and females; and
WHEREAS, in United States v. Virginia, 518 U.S. 515
(1966), the United States supreme court explained that there
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are "inherent differences between men and women" and these
differences "remain cause for celebration, but not for
denigration of members of either sex or for artificial
constraints on an individual's opportunity"; and
WHEREAS, males have typically scored higher than females
on tests of endurance, speed and strength, and males have
larger body sizes, more skeletal muscle mass, lower body fat
percentages and higher delivery of anaerobic and aerobic energy
than females; and
WHEREAS, males have higher natural levels of testosterone
than females, which result in higher speed and power during
physical activity. This leads to a sports performance gap
between males and females; and
WHEREAS, courts have recognized that the inherent,
physiological differences between males and females result in
different athletic capabilities. In Kleczek v. Rhode Island
Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992),
the Rhode Island supreme court recognized that "because of
innate physiological differences, boys and girls are not
similarly situated as they enter athletic competition". In
Petrie v. Illinois High School Association, 394 N.E.2d 855, 861
(Ill. App. Ct. 1979), the Illinois court of appeals recognized
that "high school boys [generally possess physiological
advantages] over their girl counterparts" and that those
advantages give them an unfair lead over girls in some sports,
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like high school track; and
WHEREAS, the benefits of natural testosterone provided to
male athletes are not diminished through the use of
testosterone suppression;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that it be requested
to support maintaining separate sex-specific teams because such
separation promotes sex equality by providing opportunities for
female athletes to demonstrate their skill, strength and
athletic abilities while also providing them with opportunities
to obtain recognition, accolades, college scholarships and
numerous other long-term benefits that flow from success in
athletic endeavors.
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