Section 16-1-52 - Participation in athletic events to be based on biological sex of athletes(a) The Legislature finds and declares the following: (1) Physical differences between biological males and biological females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports.(2) Physical advantages for biological males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy than biological females.(3) Even at young ages, biological males typically score higher than biological females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as biological males produce higher levels of testosterone. On average, biological male athletes are bigger, faster, stronger, and more physically powerful than their biological female counterparts. This results in a significant sports performance gap between the sexes.(4) Studies have shown that the benefits that natural testosterone provides to biological male athletes is not significantly diminished through the use of testosterone suppression. Testosterone suppression in biological males does not result in a level playing field between biological male and biological female athletes.(5) Because of the physical differences between biological males and biological females, having separate athletic teams based on the athletes' biological sex reduces the chance of injury to biological female athletes and promotes sex equality. It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows biological female athletes to compete on a fair playing field for scholarships and other athletic accomplishments.(b)(1) Except as provided in subsection (c), a public K-12 school may not participate in, sponsor, or provide coaching staff for interscholastic athletic events within this state that are either scheduled by or conducted under the authority of any athletic association of the state that permits or allows participation in athletic events within the state conducted exclusively for males by any individual who is not a biological male or participation in athletic events within the state conducted exclusively for females by any individual who is not a biological female.(2) A public K-12 school may not allow a biological female to participate on a male team if there is a female team in a sport. A public K-12 school may not allow a biological male to participate on a female team.(c) Subsection (b) does not apply to athletic events at which both biological males and biological females are permitted or allowed to participate.(d)(1) An intercollegiate athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for females, women, or girls shall not be open to a biological male.(2) An intercollegiate athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for males, men, or boys shall not be open to a biological female.(3) Nothing in this subsection shall be construed to restrict the eligibility of any student to participate on any intercollegiate or intramural athletic team or sport designated as coed or mixed.(e) A governmental entity, licensing or accrediting organization, or athletic association or organization may not do either of the following:(1) File a complaint, open an investigation, or take any other adverse action against a public K-12 school or public two-year or four-year institution of higher education for maintaining separate athletic teams or sports for students of the female sex or male sex.(2) Retaliate or take any adverse action against a student who reports an alleged violation of this section to an employee or representative of the public K-12 school, public two-year or four-year institution of higher education, athletic association or organization, or to any state or federal agency with oversight of public K-12 schools or public two-year or four-year institutions of higher education in the state.(f) Any student who is directly deprived of an athletic opportunity or suffers any direct harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, attorney fees, and any other relief available under the law. All civil actions under this section shall be initiated within two years from the date the harm occurred.(g) Except as provided in Section 36-1-12, no cause of action may be maintained against any employee, officer, agent, trustee, director, or board member of a public K-12 school, public two-year or four-year institution of higher education, athletic association, or organization whose actions were in compliance with subdivisions (d)(1) and (d)(2).(h) It is the intent of the Legislature that constitutionally-created boards of trustees comply with the requirements of this section.Ala. Code § 16-1-52 (1975)
Amended by Act 2023-293,§ 1, eff. 8/1/2023.Added by Act 2021-285,§ 1-2, eff. 7/1/2021.