Text of OH HB 61 (2021)
Enact Save Women's Sports Act
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As introduced
8,138 characters
As Introduced
134th General Assembly
Regular Session
H. B. No. 61
2021-2022
Representatives Powell, Stoltzfus
Cosponsors: Representatives LaRe, Merrin, Click, Riedel, Gross, McClain,
Johnson, Kick, Stewart, Zeltwanger, Holmes, Jones, Brinkman, Wiggam
A B I L L
To enact sections 3313.5317 and 3345.561 of the
Revised Code to enact the "Save Women's Sports
Act" to require schools, state institutions of
higher education, and private colleges to
designate separate single-sex teams and sports
for each sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.5317 and 3345.561 of the
Revised Code be enacted to read as follows:
Sec. 3313.5317.
(A) Each school that participates in
athletic competitions or events administered by an organization
that regulates interscholastic athletic conferences or events
shall designate interscholastic athletic teams based on the sex
of the participants as follows:
(1) Separate teams for participants of the female sex
within female sports divisions;
(2) Separate teams for participants of the male sex within
male sports divisions;
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(3) If applicable, co-ed teams for participants of the
female and male sexes within co-ed sports divisions.
(B) No school, interscholastic conference, or organization
that regulates interscholastic athletics shall permit
individuals of the male sex to participate on athletic teams or
in athletic competitions designated only for participants of the
female sex.
(C) If a participant's sex is disputed, the participant
shall establish the participant's sex by presenting a signed
physician's statement indicating the participant's sex based
upon only the following:
(1) The participant's internal and external reproductive
anatomy;
(2) The participant's normal endogenously produced levels
of testosterone;
(3) An analysis of the participant's genetic makeup.
(D) No agency or political subdivision of the state and no
accrediting organization or athletic association that operates
or has business activities in this state shall process a
complaint, begin an investigation, or take any other adverse
action against a school or school district for maintaining
separate single-sex interscholastic athletic teams or sports.
(E)(1) Any participant who is deprived of an athletic
opportunity or suffers a direct or indirect harm as a result of
a violation of this section shall have a private cause of action
for injunctive relief, damages, and any other relief available
against the school, school district, interscholastic conference,
or organization that regulates interscholastic athletics.
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(2) Any participant who is subject to retaliation or other
adverse action by a school, school district, interscholastic
conference, or organization that regulates interscholastic
athletics as a result of reporting a violation of this section
shall have a private cause of action for injunctive relief,
damages, and any other relief available against the entity that
takes the retaliatory or other adverse action.
(3) Any school or school district that suffers any direct
or indirect harm as a result of a violation of division (D) of
this section shall have a private cause of action for injunctive
relief, damages, and any other relief available against the
agency, political subdivision, accrediting organization, or
athletic association that violates that division.
(F) Any civil action brought as a result of a violation of
this section shall be initiated within two years after the date
on which the violation occurs. Persons or organizations who
prevail on a claim brought pursuant to this section shall be
entitled to monetary damages, including for any psychological,
emotional, or physical harm suffered, reasonable attorney's fees
and costs, and any other appropriate relief.
Sec. 3345.561.
(A) As used in this section:
(1) "Private college" means a nonprofit institution that
holds a certificate of authorization issued under section
1713.02 of the Revised Code;
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) Each state institution of higher education or private
college that is a member of the national collegiate athletics
association, the national association of intercollegiate
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athletics, or the national junior college association shall
designate intercollegiate athletic teams and sports based on the
sex of the participants as follows:
(1) One single-sex team for participants of the female
sex;
(2) One single-sex team for participants of the male sex;
(3) If applicable, one team for participants of both the
female and male sexes.
(C) No state institution or private college to which
division (B) of this section applies shall allow individuals of
the male sex to participate on athletic teams or in athletic
competitions designated for only participants of the female sex.
(D) If a participant's sex is disputed, the participant
shall establish the participant's sex by presenting a signed
physician's statement indicating the participant's sex based
upon only the following:
(1) The participant's internal and external reproductive
anatomy;
(2) The participant's normal endogenously produced levels
of testosterone;
(3) An analysis of the participant's genetic makeup.
(E) No agency or political subdivision of the state and no
accrediting organization or athletic association that operates
or has business activities in this state shall process a
complaint, begin an investigation, or take any other adverse
action against a state institution of higher education or
private college for maintaining separate single-sex
intercollegiate athletic teams or sports for participants of the
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As Introduced
female sex.
(F)(1) Any participant who is deprived of an athletic
opportunity or suffers a direct or indirect harm as a result of
a violation of this section shall have a private cause of action
for injunctive relief, damages, and any other relief available
against the state institution or the private college.
(2) Any participant who is subject to retaliation or other
adverse action by a state institution or private college as a
result of reporting a violation of this section shall have a
private cause of action for injunctive relief, damages, and any
other relief available against the entity that takes the
retaliatory or other adverse action.
(3) Any state institution or private college that suffers
any direct or indirect harm as a result of a violation of
division (E) of this section shall have a private cause of
action for injunctive relief, damages, and any other relief
available against the agency, political subdivision, accrediting
organization, or athletic association that violates that
division.
(G) Any civil action brought as a result of a violation of
this section shall be initiated within two years after the date
on which the violation occurs. Persons or organizations who
prevail on a claim brought pursuant to this section shall be
entitled to monetary damages, including for any psychological,
emotional, or physical harm suffered, reasonable attorney's fees
and costs, and any other appropriate relief.
Section 2. This act shall be known as the "Save Women's
Sports Act."
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