Louisiana SB 172: AMUSEMENTS/SPORTS: Provides for the Save Women's Sports Act. (8/1/20)

Bill Text

SLS 20RS-467 ORIGINAL
2020 Regular Session
SENATE BILL NO. 172
BY SENATOR MIZELL
AMUSEMENTS/SPORTS. Provides for the Save Women's Sports Act. (8/1/20)
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 school athletic programs and sporting events;
4 to require that schools designate interscholastic or intramural athletic teams
5 according to the biological sex of the students; to provide that teams that are
6 designated for females are not open to participation by biological males; to provide
7 protections for schools from adverse actions by licensing or accrediting
8 organizations; to provide for causes of action; to provide for legislative findings; to
9 provide for definitions; to provide for remedies; and to 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, to be
12 comprised of R.S. 4:441 through 446, is hereby enacted to read as follows:
13 CHAPTER 7-A. SAVE WOMEN'S SPORTS ACT
14 §441. Short title
15 This Chapter shall be known as and may be cited as the "Save Women's
16 Sports Act".
17 §442. Legislative findings
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 172
SLS 20RS-467 ORIGINAL
1 The legislature finds and declares that:
2 A. 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 B. 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 C. 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 being able to generate higher speed and power during physical activity.
20 D. The biological differences between females and males, especially as
21 it relates to natural levels of testosterone, explain the male and female
22 secondary sex characteristics which develop during puberty and have lifelong
23 effects, including those most important for success in sport; categorically, they
24 are strength, speed, and endurance generally found in greater degrees in
25 biological males than biological females.
26 E. While classifications based on sex are generally disfavored, the United
27 States Supreme Court has recognized that "sex classifications may be used to
28 compensate women for particular economic disabilities suffered, to promote
29 equal employment opportunity, (and) to advance full development of the talent
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 172
SLS 20RS-467 ORIGINAL
1 and capacities of our Nation's people" in United States v. Virginia, et al, 518 U.S.
2 515, 533-534 (1996).
3 F. In furtherance of the goals set forth in United States v. Virginia, et al,
4 supra, 518 U.S. at 533-534, one area where sex classifications should allow for
5 the "full development of the talent and capacities of our Nation's people", is in
6 the area of sports and athletics.
7 G. A recent study of female and male Olympic performances found that,
8 although athletes from both sexes improved over the time span, the "gender
9 gap" between female and male performances remained stable. These studies
10 suggest that women's performances at the high level will never match those of
11 men. The evidence is unequivocal that starting in puberty, in every sport except
12 sailing, shooting, and riding, there will always be significant numbers of boys
13 and men who would prevail over the best girls and women in head-to-head
14 competition. Claims to the contrary are simply a denial of science.
15 H. Scientific studies have established that the benefits that natural
16 testosterone provides to male athletes is not diminished through the use of
17 puberty blockers and cross-sex hormones. A recent study on the impact of such