HOUSE BILL 185
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Andrea Reeb and Jenifer Jones and Rebecca Dow
AN ACT
RELATING TO HUMAN RIGHTS; ENACTING THE PROTECTION OF WOMEN'S SPORTS ACT; PROVIDING DEFINITIONS; REQUIRING EQUAL ATHLETIC OPPORTUNITIES FOR MALES AND FEMALES; REQUIRING SEPARATE ATHLETIC OPPORTUNITIES IN CERTAIN CIRCUMSTANCES; REQUIRING DESIGNATION OF ATHLETIC TEAMS, SPORTS, ATHLETIC COMPETITIONS AND ATHLETIC EVENTS AS FOR EITHER SEX SEPARATELY OR AS COEDUCATIONAL; PROHIBITING MALE PARTICIPATION FOR, AGAINST OR WITH ATHLETIC TEAMS DESIGNATED FOR FEMALES; ALLOWING MALE ATHLETES TO PARTICIPATE AS PRACTICE PLAYERS ON TEAMS DESIGNATED FOR FEMALES IN CERTAIN CIRCUMSTANCES; PROVIDING PRIVATE CAUSES OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Protection of Women's Sports Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Protection of Women's Sports Act:
A. "athletic association" means a governing body for athletic competition or sport or an organization of athletic conferences;
B. "athletic club" means a privately or publicly operated organization that operates sports teams, trains athletes for competition or allows athletes or athletic teams to use its facilities on a regular basis;
C. "athletic event" means a competition, contest, game, jamboree, scrimmage, tournament, showcase, combine or tryout related to a sport or physical activity;
D. "compete" means to participate in an athletic event or other event after which teams or participants are designated as winners, roster spots are determined or prizes awarded;
E. "public educational institution" means a public school, school district or public post-secondary educational institution;
F. "sex" means a person's biological sex of either male or female as designated at birth; and
G. "team" means a group of people that participate in athletic or physical competitions for the same organization, school, club, college, university or cause.
SECTION 3. [NEW MATERIAL] ATHLETIC OPPORTUNITIES--SEPARATE ATHLETIC TEAMS.--
A. A public educational institution that offers, operates or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for both sexes.
B. Notwithstanding the requirements of Subsection A of this section, a public educational institution or private athletic club located within this state may operate or sponsor single-sex teams and provide that selection for such teams is based upon competitive skill or that the activity involved is a contact sport.
SECTION 4. [NEW MATERIAL] DESIGNATION OF ATHLETIC OPPORTUNITIES.--
A. All public educational institutions and athletic clubs that participate in athletic competitions or events with or against other institutions or clubs must designate each athletic team, sport, athletic competition or athletic event as a:
(1) team, sport, competition or event for males, men or boys;
(2) team, sport, competition or event for females, women or girls; or
(3) a coeducational or mixed team, sport, competition or event.
B. An individual who competes in any sport, athletic competition or athletic event designated for females, women or girls must be biologically female. The sex listed on a participant's birth certificate may be relied on to establish the participant's eligibility pursuant to this section if the sex designated on the birth certificate was designated at or near the time of the participant's birth.
SECTION 5. [NEW MATERIAL] WOMEN'S ATHLETIC COMPETITION PROTECTIONS.--A public educational institution, an athletic club or an athletic association that operates, sponsors or permits athletic competitions or events shall not allow a male to compete for, against or with a team designated for females, women or girls or to compete in an event designated for females, women or girls.
SECTION 6. [NEW MATERIAL] MALE PRACTICE PLAYERS--PERMITTED.--Nothing in the Protection of Women's Sports Act shall prohibit a public educational institution, an athletic club or an athletic association from allowing male athletes to participate as practice players on teams designated for females, women or girls; provided that no such player takes a roster spot, opportunity to compete, scholarship or spot at the school from a female.
SECTION 7. [NEW MATERIAL] COMPLIANCE.--A governmental entity, a licensing or accrediting organization or an athletic association shall not consider a complaint, open an investigation or take adverse action against a public educational institution for complying with the Protection of Women's Sports Act.
SECTION 8. [NEW MATERIAL] CAUSE OF ACTION--REMEDIES.--
A. An individual who is deprived of an athletic opportunity or who suffers or who will suffer direct or indirect harm resulting from a violation of the Protection of Women's Sports Act may bring a private cause of action for injunctive relief, compensatory damages and legal fees against the violating entity.
B. A public educational institution, an athletic association or an athletic club that suffers or will suffer direct or indirect harm as a result of a violation of the Protection of Women's Sports Act may bring a private cause of action against the violating entity for injunctive relief and compensatory damages.
C. An individual, a team or an athletic club subjected to retaliation or other adverse action as a result of reporting a violation of the Protection of Women's Sports Act to an employee or representative of a public educational institution, an athletic association or an athletic club or subjected to retaliation or other adverse action as a result of reporting a violation of that act to a state or federal government entity with oversight authority may bring a private cause of action against the retaliating entity for injunctive relief, damages and any other relief available under law.
D. An action brought pursuant to this section shall be commenced within one year of the event giving rise to the complaint.
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