SB 9 — An Act providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harm suffered by designation.

PRINTER'S NO.   177

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 9
                                               Session of
                                                 2025

     INTRODUCED BY J. WARD, PHILLIPS-HILL, K. WARD, BAKER, BROOKS,
        BARTOLOTTA, PENNYCUICK, BROWN, CULVER, KEEFER, ROTHMAN,
        MASTRIANO, LANGERHOLC, HUTCHINSON, MARTIN, STEFANO, DUSH AND
        FARRY, FEBRUARY 3, 2025

     REFERRED TO EDUCATION, FEBRUARY 3, 2025


                                   AN ACT
 1   Providing for sport activities in public institutions of higher
 2      education and public school entities to be expressly
 3      designated male, female or coed; and creating causes of
 4      action for harm suffered by designation.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Fairness in
 9   Women's Sports Act.
10   Section 2.   Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Public institution of higher education."    One of the
15   following:
16          (1)   A community college operating under Article XIX-A of
17      the act of March 10, 1949 (P.L.30, No.14), known as the
18      Public School Code of 1949.
 1            (2)    A rural regional college established under Article
 2      XIX-G of the Public School Code of 1949.
 3            (3)    An university within the State System of Higher
 4      Education under Article XX-A of the Public School Code of
 5      1949.
 6            (4)    A State-related institution as defined in section
 7      2001-C of the Public School Code of 1949.
 8            (5)    The Thaddeus Stevens College of Technology.
 9            (6)    The Pennsylvania College of Technology.
10      "Public school entity."      One of the following operating under
11   the Public School Code of 1949:
12            (1)    A school district.
13            (2)    An intermediate unit.
14            (3)    An area career and technical school.
15            (4)    A charter school, regional charter school or cyber
16      charter school.
17      "Sex."      A person's immutable characteristics of the
18   reproductive system that define the individual as male or
19   female, as determined by anatomy and genetics existing at the
20   time of birth.
21   Section 3.     Designation of athletic teams and sports.
22      (a)   Designation.--Interscholastic, intercollegiate,
23   intramural or club athletic teams or sports that are sponsored
24   by a public school entity, a public institution of higher
25   education or any school or institution where students or teams
26   compete against a public school entity or public institution of
27   higher education must be expressly designated as one of the
28   following based on sex:
29            (1)    Male, men or boys.
30            (2)    Female, women or girls.

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 1            (3)   Coed or mixed.
 2      (b)   Prohibition.--Athletic teams or sports designated for
 3   females, women or girls under subsection (a)(2) may not be open
 4   to students of the male sex.
 5      (c)   Limitations on restriction.--Nothing in this section
 6   shall be construed to restrict the eligibility of a student to
 7   participate in an interscholastic, intercollegiate, intramural
 8   or club athletic team or sport designed for the student's sex or
 9   designated coed or mixed.
10   Section 4.     Protection for educational institutions.
11      A government entity, licensing or accrediting organization or
12   an athletic association or organization may not entertain a
13   complaint, open an investigation or take any other adverse
14   action against a school or institution of higher education for
15   maintaining separate interscholastic, intercollegiate,
16   intramural or club athletic teams or sports for students of the
17   female sex.
18   Section 5.     Cause of action.
19      (a)   Deprivation of opportunity.--A student who is deprived
20   of an athletic opportunity or who suffers a direct or indirect
21   harm as a result of a known violation of section 3 may bring a
22   cause of action for injunctive relief; damages; psychological,
23   emotional and physical harm suffered; attorney fees and costs
24   and any other relief available under law against the school or
25   institution of higher education.
26      (b)   Retaliation.--A student who is subject to retaliation or
27   other adverse action by a school, institution of higher
28   education or athletic association or organization as a result of
29   reporting a violation of section 3 to an employee or
30   representative of the school, institution or athletic

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 1   association or organization or to any Federal or State agency
 2   with oversight of schools or institutions of higher education in
 3   Pennsylvania may bring a cause of action for injunctive relief,
 4   damages, attorney fees and costs and any other relief available
 5   under law against the school, institution or athletic
 6   association or organization.
 7      (c)   School's cause of action.--A school or institution of
 8   higher education that suffers a direct or indirect harm as a
 9   result of a violation of section 4 may bring a cause of action
10   for injunctive relief, damages and any other relief available
11   under law against the government entity, licensing or
12   accrediting organization or athletic association or
13   organization.
14      (d)   Limitation.--A person may not bring a civil action under
15   this section later than two years after the day on which the
16   harm underlying the cause of action occurs.
17   Section 6.   Severability.
18      If a part of this act is found invalid, all valid parts that
19   are severable from the invalid part shall remain in effect. If a
20   part of this act is invalid in one or more of its applications,
21   the part remains in effect in all valid applications that are
22   severable from the invalid applications.
23   Section 7.   Effective date.
24      This act shall take effect in 60 days.




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